Lucero

On September 19, 1985, appellant Daniel Lucero was found guilty of conspiring to smuggle narcotics into a county jail facility (Pen. Code, §§ 182, 4573), transporting a controlled substance (Health & Saf. Code, § 11352), and extortion (Pen. Code, § 520). Appellant alleges the convictions must be reversed because the trial court refused to instruct on his mistake of fact defense. We agree.

Facts

In the evening hours of January 11, 1985, appellant visited a friend, Michael Cummer. Appellant left Cummer’s home to purchase drugs. He bought some cocaine, then sold a portion to, and was arrested by, A1 Delacerda, an undercover officer with the San Francisco Police Department. From jail he telephoned Cummer to advise him that he was in custody and had left Cummer’s car on the street. The following day Cummer went to see appellant in jail to learn where appellant had left his car, which he claimed was taken without permission. Appellant said he was unaware of the exact location and suspected that a friend who was with him at the time of his arrest might have it.

The day after his arrest appellant was also visited by Officer Delacerda. Appellant told Delacerda he was willing to…