Richards

*553 Defendant and appellant Jasmine Nicole Richards appeals from the judgment following a jury trial in which she was convicted of one count of attempting to take another person from the lawful custody of *97 a peace officer by means of a riot in violation of Penal Code sections 405a and 664. 1 Imposition of sentence was suspended and Richards was placed on probation, including a condition of 90 days in county jail.

Richards was a participant in a "Black Lives Matter" demonstration on August 29, 2015. During the demonstration, several demonstrators, including Richards, attempted to prevent police officers from arresting a suspect, Benita Escoe, who had been involved in an earlier altercation at a restaurant. The evidence showed that Richards and at least one other demonstrator physically attempted to take Escoe away from the police while an officer was attempting to handcuff Escoe.

On appeal, Richards argues that: (1) the trial court erroneously failed to give a sua sponte jury instruction on the lesser included offense of rescue; (2) the trial court erred in declining to give an instruction on mistake of fact based upon the defense theory that Richards did not know Escoe was…