People v. Bowe CA4/1

INTRODUCTION

Defendant Trevor Justin Bowe appeals after being convicted of unlawfully driving

a vehicle in violation of Vehicle Code section 10851, subdivision (a).1 Bowe rented a

vehicle for a day and did not return the vehicle when it was due; he was stopped when he

attempted to enter the United States from Mexico approximately six weeks after renting

the vehicle.

Bowe contends that his conviction must be reversed on the grounds that (1) the

trial court erred in excluding as hearsay evidence in the form of e-mail communications

between the rental car agency's representatives and Bowe regarding the rental vehicle;

(2) the prosecutor committed prejudicial misconduct by arguing to the jury that there was

no evidence that Bowe had attempted to contact the rental agency about extending the

term of the rental, despite being aware of the existence of the e-mail communications that

the court excluded; and (3) the trial court erred in failing to instruct the jury on the

defense of mistake of fact. Bowe also contends that the trial court's true finding on a

prior prison term enhancement allegation must be vacated because there is insufficient

evidence that Bowe…