Blick

In this case we hold that Penal Code section 550, subdivision (b)(3) (section 550(b)(3)) is a specific intent crime. Defendant Anita Beatriz Blick appeals the judgment and sentence imposed following her jury trial conviction premised on this section. Blick contends: (1) she was denied due process of law by the trial court’s section 550(b)(3) instruction, which allegedly described that count as a strict liability offense not requiring proof of a culpable mental state; (2) the trial court erred by failing to instruct sua sponte on mistake of fact as a defense on the section 550(b)(3) count. We vacate the judgment and remand.

FACTUAL AND PROCEDURAL BACKGROUND

A. Medical History and Treatment

In January 1994, Blick fell during her shift as a police dispatcher for the Town of Atherton. She injured her knee and strained her calf muscles. Blick visited Dr. Stephen Conrad, an orthopedic surgeon and her treating physician from 1994—2002, reporting pain in her right knee and episodes in which the knee buckled, causing her to fall. On July 14, 1994, Dr. Conrad performed arthroscopic surgery in an attempt to stabilize the knee and indicated Blick should remain off work because…