State v. Pena

This appeal concerns application of the “incomplete” mistake-of-fact defense available pursuant to N.J.S.A. 2C:2^b. Defendant Jose Pena was charged with possession of cocaine and possession of cocaine with intent to distribute. His defense was that he believed the suitcase he was transporting contained stolen fur coats, not cocaine. Defendant requested that the jury be charged on his mistake-of-fact defense that, if it accepted his mistaken belief, it could convict him of the uncharged, non-lesser included offense of receipt of stolen property. We hold that it was error for the trial court to…