People v. Garcia CA1/3

Filed 1/8/25 P. v. Garcia CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A166695

v. FRANCISCO XAVIER GARCIA, (Contra Costa County Super. Ct. No. 01001977750) Defendant and Appellant.

Francisco Xavier Garcia is serving a two-year prison sentence after a jury convicted him of meeting a minor under the age of 18 for lewd purposes, in violation of Penal Code section 288.4, subdivision (b).1 Garcia contends the trial court erred by refusing to instruct the jury as to mistake of fact under CALCRIM No. 3406. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On December 8, 2021, an agent with the task force on Internet Crimes Against Children (ICAC), who was posing as a minor female named Belle on a dating website,…