Defendant Hugh Stephen Watt appeals from the judgment entered following a jury trial which resulted in his convictions of furnishing marijuana to a minor and of being a felon in possession of a firearm. He contends the trial court erred in denying his request to instruct the jury on mistake of fact as to the minor's age. He further claims there was insufficient evidence that he possessed the firearm in question. (Lake County Super. Ct. No. CR911988)
The opinion of the court was delivered by: Dondero, J.
Received for posting 12/6/10
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STATEMENT OF THE FACTS AND PROCEDURAL HISTORY
On June 19, 2008, an information was filed against defendant charging him with one count of possession of a firearm having previously been convicted of a felony (Pen. Code, § 12021, subd. (a)(1)),*fn1 and one count of furnishing marijuana to a minor over the age of 14 years (Health & Saf. Code, § 11361, subd. (b)).
On January 28, 2010, a jury found defendant guilty of both counts.
On March 26, 2010, the trial court sentenced defendant to state prison for an aggregate term of four years eight months. This appeal followed.
On March 15, 2007, Stacey, who was almost 14 years old, was hanging out with her friend Sarah in Clearlake. In the late afternoon or early evening, they were walking to a youth group meeting when a man driving a green jeep-type vehicle approached them. He asked them if they wanted to smoke some marijuana. Stacey declined because she did not want to get in a car with a stranger, but Sarah decided to go with him. Stacey warned Sarah that she had better come to the youth group meeting. When Sarah did not show up, Stacey became worried and called the police.
Sarah testified that she was born in April 1991. On March 15, 2007, she was walking with Stacey when she was approached by defendant who was driving a green car. He told the girls about a concert in Petaluma and then asked if they wanted to smoke marijuana. Sarah got in his car, but Stacey did not. Sarah smoked marijuana with defendant. She testified she did not remember whether the marijuana belonged to ...