How have the courts treated the defense of mistake in cases involving unlawful taking or driving of a vehicle and receiving stolen property?
California, United States of America
The following excerpt is from People v. Avina, F067589 (Cal. App. 2015):
To conclude, with respect to both the unlawful taking or driving of a vehicle and receiving stolen property counts, the jury was fully instructed that the prosecution was required to prove defendant knew the vehicle was stolen. Thus, no additional sua sponte instruction as to the defense of mistake was required. (People v. Anderson, supra, 51 Cal.4th at pp. 997-998.)
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