Can a defendant give a mistake of fact jury instruction in a motor vehicle accident trial where he got into the victims' vehicle because he thought it was his black SUV?

California, United States of America


The following excerpt is from People v. Henson, C086387 (Cal. App. 2018):

Defense counsel argued during opening and closing arguments at trial that defendant got into the victims' SUV because he was "extremely intoxicated" and thought it was his black SUV. The trial court declined defendant's request to give a mistake of fact jury instruction based on CALCRIM No. 3406. Citing People v. Scott (1983) 146 Cal.App.3d 823, the trial court reasoned that a defendant's mistake of fact could not be considered reasonable if it was due to delusions caused by voluntary intoxication.

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