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P. v. Vasquez CA3
A jury found defendant Jorge Vasquez guilty of three counts of lewd and lascivious acts on a minor under 14 years but found not true that he committed the offenses during a burglary; the jury acquitted him of burglary and of annoying and molesting a different minor. After the trial court denied his motion for new trial based on the court’s failure to instruct on the defense of mistake of fact, he was sentenced to 25 years in state prison.
Defendant raises his instructional error challenge again on appeal, contending the trial court prejudicially erred by instructing the jury that “mistake of person” was not a defense to a charge of committing a lewd and lascivious act on a child under the age of 14 under Penal Code section 288, subdivision (a). He further contends that the court should have stayed the terms for two of the lewd conduct counts under section 654 because he engaged in a course of conduct with the singular intent of sexual gratification. In supplemental briefing, defe

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