Magpuso

We hold here that a defendant charged with kidnapping a person under the age of 14 years (Pen. Code, §§ 207, subd. (a), 208, subd. (b)) may not rely on the defense of reasonable mistake as to the victim’s age.

Appellant Mary Lou Magpuso, who is also known as Susan Christine Buckman, was convicted by a jury of one count of kidnapping to rob (§ 209, subd. (b); count four) and one count of kidnapping (§ 207, subd. (a); count five). As to the latter count the jury found that the victim was under the age of 14 years at the time the offense was committed. (§ 208, subd. (b).) In a bifurcated proceeding the trial court found that appellant had suffered a prior prison term within the meaning of section 667.5, subdivision (b).

Appellant was sentenced to life with the possibility of parole on count four. She was sentenced concurrently to the upper term of 11 years on count five. An additional one year was added as an enhancement pursuant to section 667.5, subdivision (b). The trial court ordered the sentence be served concurrent to any time imposed for parole violation.

Facts

On June 28, 1992, 17-year-old Uvaldo O. and 12-year-old Jose O. were walking on E Street in Fresno when…