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PEOPLE v. WILLIAMS

Docket No. S022660.

4 Cal.4th 354 (1992)

841 P.2d 961

14 Cal. Rptr.2d 441

THE PEOPLE, Plaintiff and Respondent, v. WASH JONES WILLIAMS, Defendant and Appellant.

Supreme Court of California.

December 21, 1992.

Attorney(s) appearing for the Case

COUNSEL

Michael J. Hanley, under appointment by the Supreme Court, for Defendant and Appellant.

Kenneth I. Clayman, Public Defender (Ventura), Neil B. Quinn, Deputy Public Defender, Garcia & Schnayerson, Philip A. Schnayerson and Joseph E. Mockus as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, John H. Sugiyama, Assistant Attorney General, Herbert F. Wilkinson and Joanne S. Abelson, Deputy Attorneys General, for Plaintiff and Respondent.

Thomas W. Sneddon, Jr., District Attorney (Santa Barbara), Gerald McC. Franklin, Deputy District Attorney, Elizabeth Bader, Michael Willemsen, Schachter, Kristoff, Orenstein & Berkowitz and Margaret A. Murray as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

ARABIAN, J.

Our task is to delineate the circumstances under which a trial court is required to give a requested instruction regarding a rape defendant's bona fide and reasonable, but mistaken, belief of consent to sexual intercourse. We conclude that the instruction was not warranted in this case, and hence reverse the judgment of the Court of Appeal.

I. FACTS AND PROCEDURAL...

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