Hanna

Defendant George Hanna appeals from his convictions of several crimes. The jury concluded he arranged a meeting with a minor in order to engage in lewd and lascivious behavior (Pen. Code, § 288.4, subd. (b)), attempted lewd and lascivious conduct with a child under the age of 14 years (§§ 288, subd. (a), 664), and attempted to use harmful material to seduce a minor (§§ 288.2, subd. (b), 664).

He claims (1) the court erred as to the charge of attempted lewd conduct with a child under the age of 14 years by not instructing the jury on the defense of mistake of fact regarding the victim’s true age; (2) the prosecutor committed misconduct in his closing argument by asserting facts that were not in evidence; (3) the court erred by not instructing on the defense of entrapment; and (4) cumulative error requires reversal.

We disagree with each of his contentions and affirm the judgment.

FACTS

A 13-year-old minor lived with her father, D.R. (hereafter father). Acting against her father’s rule, the minor maintained an Internet MySpace social network account. After learning of this, father viewed the minor’s MySpace page. The minor’s profile name or moniker was “Brebre,” which…