Is a mistake-of-fact defense defense defense harmless?

California, United States of America


The following excerpt is from People v. Brown, C076011 (Cal. App. 2015):

" 'Error in failing to instruct on the mistake-of-fact defense is subject to the harmless error test set forth in People v. Watson (1956) 46 Cal.2d 818, 836. [Citation.]' [Citation.] Under this standard, a conviction 'may be reversed . . . only if, "after an examination of the entire cause, including the evidence" [citation], it appears "reasonably probable" the defendant would have obtained a more favorable outcome had the error not occurred [citation].' " (Hanna, supra, 218 Cal.App.4th at pp. 462-463.)

For three reasons, we find the error here harmless.

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