Bray

James Eugene Bray appeals the judgment following his jury conviction on two counts of being a felon in possession of a concealable firearm (Pen. Code, § 12021). At sentencing, the offenses were adjudicated as misdemeanors and Bray was placed on probation for three years.

Bray’s meritorious contention is the trial court should have instructed the jury that ignorance or mistake of fact is a defense to the crime.

In 1969 Bray pled guilty in Kansas to being an accessory after the fact (Kansas Statutes Ann. 21-106). At sentencing, the Kansas recommended Bray be granted probation because he had no previous criminal record, he had been unwilling to participate in the crime but had gotten involved by driving a friend away from the scene and he had cooperated fully with the district attorney’s office. Bray was placed on two years summary probation which he successfully completed before moving to California in 1971. While in California Bray first worked at Convair Aircraft and later was employed by the County of San Diego in the Department of Public Health. Near the end of 1973 he transferred to the district attorney’s office.

In January 1972, Bray filled out an application to…