Valenzuela

The appellate department of the Riverside Superior Court affirmed a trial court holding that knowledge is not an element of the crime defined in Penal Code section 466.5, possession of a master key with the intent to commit an unlawful act. The appellate department then granted defendant’s request that the case be certified to this court pursuant to Code of Civil Procedure section 911 and California Rules of Court, rules 62 and 63. Under that procedure, a certification is appropriate when it appears that a transfer is necessary to secure uniformity of decision or to settle important questions of law. (Code Civ. Proc., § 911; Snukal v. Flightways Manufacturing, Inc. (2000) 23 Cal.4th 754, 761-777 [ 98 Cal.Rptr.2d 1 , 3 P.3d 286 ].) We then ordered the case transferred to this court for hearing and decision.

Facts

Defendant was charged with three misdemeanors: vehicle tampering in violation of Vehicle Code section 10852; spousal battery in violation of section 243, subdivision (e); and possession of a master key in violation of section 466.5.

The case was tried before Judge Van Frank commencing on April 20, 2000. The victim, Debbie Smith, testified that defendant had…