People v. Lucero

Opinion

KLINE, P. J.

On September 19, 1985, appellant Daniel Lucero was found guilty of conspiring to smuggle narcotics into a county jail facility (Pen. Code, §§ 182, 4573), transporting a controlled substance (Health & Saf. Code, § 11352), and extortion (Pen. Code, § 520). Appellant alleges the convictions must be reversed because the trial court refused to instruct on his mistake of fact defense. We agree.

Facts

In the evening hours of January 11, 1985, appellant visited a friend, Michael Cummer. Appellant left Cummer’s home to purchase drugs. He bought some cocaine, then sold a portion to,…