The People v. Hanna
160 Cal. Rptr. 3d 210
Cal. Ct. App.2013Background
- 13-year-old minor lived with father; father posed as 13-year-old Brebre to contact Hanna via MySpace; Brebre stated she was 18 on profile; father engaged in an undercover chat to elicit incriminating conduct.
- Father arranged a meeting with Hanna at a convenience store by role-playing as Brebre and attempting to record Hanna's reaction on video cameras.
- Hanna admitted browsing MySpace and communicating with Brebre, believing she was 18; he agreed to meet and engage in sexual activity with an older girl.
- Detectives recovered deleted messages and an image of a penis found in unallocated space on the hard drive; Hanna was charged with attempted lewd act on a minor under 14, lewd act with a minor, and attempted use of harmful material to seduce a minor.
- Trial court sentenced Hanna to three years four months in prison, plus related terms; the court stayed one sentence under section 654.
- Hanna appeals alleging (1) no mistake-of-fact instruction for age; (2) prosecutorial misconduct in closing; (3) entrapment instruction error; (4) cumulative error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistake-of-fact instruction for age in attempted lewd act | Hanna relied on mistake of Brebre's age to negate intent | Defense entitlement to instruction on reasonable belief Brebre was 18 | Mistake-of-fact instruction applied; not prejudicially erroneous |
| Prosecutorial misconduct in closing | Prosecutor misstated evidence by asserting facts not in evidence | No objection; to be ineffective assistance of counsel | No reversible error; arguments did not prejudice outcome |
| Entrapment instruction | Court should have given entrapment defense | No entrapment by police; no entitlement to instruction | No error; no entrapment evidence presented |
| Cumulative error | Errors collectively require reversal | Cumulative impact prejudicial | No cumulative error; individually harmless |
Key Cases Cited
- People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (mistake-of-fact instruction required when substantial evidence supports)
- People v. Reed, 53 Cal.App.4th 389 (Cal. App. 1996) (definition of mistake-of-fact defense applicability)
- People v. Olsen, 36 Cal.3d 638 (Cal. 1984) (public policy limits on mistake-of-fact defense in lewd acts)
- People v. Salas, 37 Cal.4th 967 (Cal. 2006) (substantial evidence standard for sua sponte instruction)
- People v. Singh, 198 Cal.App.4th 364 (Cal. App. 2011) (requirements to prove attempt elements for lewd act on a minor)
- People v. Montes, 112 Cal.App.4th 1543 (Cal. App. 2003) (specific intent required for criminal attempt)
- People v. Russell, 144 Cal.App.4th 1415 (Cal. App. 2006) ( Watson harmless error standard for instructional error)