Ismaiel

Filed 12/15/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A168277

v. (Contra Costa County AHMED KAMAL ISMAIEL, Super. Ct. No. 05001916733) Defendant and Appellant.

A jury convicted defendant and appellant Ahmed Kamal Ismaiel (appellant) of three offenses based on his actions in arranging to meet a minor for sexual contact via a social media application. The person appellant communicated with was actually a law enforcement officer posing as a minor, and appellant was arrested when he arrived for the meeting. On appeal, appellant contends the trial court incorrectly instructed the jury that a mistake of fact as to the age of the person he communicated with had to be reasonable. Respondent concedes error but argues the error was harmless. We disagree and reverse.

PROCEDURAL BACKGROUND

In August 2019, the Contra Costa County District Attorney filed an information charging appellant with meeting a minor for lewd purposes (Pen. Code, § 288.4, subd. (b); count one);1 contacting a minor for a sexual…