Knowledge of a criminal act is unquestionably key to any successful conviction, as was shown here in a case between a previously convicted citizen and an irascible district attorney, whose sole prerogative appeared to stem not from lawful application but sheer bloody-mindedness.
Having been arrested in conjunction with an earlier offence in Kansas 1969, the appellant was later sentenced to probation on grounds that his participation was deemed no greater than a misdemeanour, while a lack of criminal activity prior to his conviction noted a man of reasonable character.
And so after relocating to California several years later, he was successful in (i) registering to vote, (ii) gaining employment requiring the use of a handgun, and (iii) the purchase and subsequent registration of such a weapon while disclosing his past without reservation.
A little over three years after establishing his new residency, the respondent ordered an investigation of the appellant’s property, during which he cooperated and openly showed the investigators his .22 and .38 pistols; however, he was still arrested and charged with felonious possession of a concealable firearm under § 12021 of the California Penal Code.
Following his conviction in the Superior Court of San Diego County, the appellant challenged the judgment in the California Fourth District Court of Appeals, on grounds that the trial court erred in failing to instruct the jury that ignorance and mistake of fact were viable defences, as per § 4.35 of the California Jury Instructions-Criminal (CALJIC), which read that:
“An act committed or an omission made under an ignorance or mistake of fact which disproves any criminal intent is not a crime. Thus a person is not guilty of a crime if he commits an act or omits to act under an honest and reasonable belief in the existence of certain facts and circumstances which, if true, would make such an act unlawful.”
Whereupon, the court referred to People v. Hernandez, in which the California Supreme Court had held that:
“[T]he courts have uniformly failed to satisfactorily explain the nature of the criminal intent present in the mind of one who in good faith believes he has obtained a lawful consent before engaging in the prohibited act.”People v. Hernandez
Before noting how in People v. Vogel, the same court had also held that:
“[T]he intent with which the unlawful act was done must be proved as well as the other material facts stated in the indictment; which may be by evidence either direct or indirect, tending to establish the fact, or by inference of law from other facts proved.”People v. Vogel
And so, in light of the obvious judicial oversight, the court sustained the motion that when adjudged as no more than a past minor offender, the appellant had therefore lawfully obtained and exercised his rights when possessing the very items relied upon to convict him, whereupon the previous judgment was reversed in full, while the court reminded the respondents that:
“[K]nowledge that one is a felon becomes relevant where there is a doubt the defendant knew he had committed a felony.”