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PEOPLE v. WATKINS

Docket No. F015448.

2 Cal.App.4th 589 (1992)

3 Cal. Rptr.2d 563

THE PEOPLE, Plaintiff and Respondent, v. RICKY WATKINS, Defendant and Appellant.

Court of Appeals of California, Fifth District.

January 8, 1992.

Attorney(s) appearing for the Case

COUNSEL

Handy Horiye, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Acting Assistant Attorney General, W. Scott Thorpe and Edgar A. Kerry, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

DIBIASO, J.

We will affirm the judgment and in part hold that the defense of mistake of fact does not apply to the allegation of an enhancement under Penal Code1 section 12022.1.

The facts in this case need only be briefly stated. On December 14, 1989, defendant shoplifted two cartons of cigarettes from a...

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