People v. Watkins
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
DIBIASO, J.
We will affirm the judgment and in part hold that the defense of mistake of fact does not apply to the allegation of an enhancement under Penal Code 1 section 12022.1.
The facts in this case need only be briefly stated. On December 14, 1989, defendant shoplifted two cartons of cigarettes from a Bakersfield supermarket. On September 22, 1990, he stole merchandise from a Bakersfield drugstore.
Defendant was charged in two separate actions with committing a petty theft. The information in each action alleged he had suffered five prior convictions (§ 666) and served four prior…
2Cases cited11 opinions
- People v. ScottCalifornia Court of Appeal · 1983
- People v. JeromeCalifornia Court of Appeal · 1984
- People v. WarinnerCalifornia Court of Appeal · 1988
- People v. LevellCalifornia Court of Appeal · 1988
- People v. OsborneCalifornia Court of Appeal · 1978
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3Cited by14 opinions
- People v. McClanahanCalifornia Supreme Court · 1992
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- People v. ReedCalifornia Court of Appeal · 1996
- Marich v. MGM/UA TELECOMMUNICATIONS, INC.California Court of Appeal · 2003
- People v. Richards, California Court of Appeal, 5th District2017
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