People v. Joseph CA3

Filed 5/22/22 P. v. Joseph CA3 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C093949

Plaintiff and Respondent, (Super. Ct. No.

STKCRFE20190008971)

v.

TINISHA NATE JOSEPH,

Defendant and Appellant.

Defendant Tinisha Nate Joseph was found guilty by a jury of felony hit and run. Defendant appeals and contends: (1) insufficient evidence demonstrated she knew or should have known she injured a person in the accident; and (2) the court prejudicially erred in instructing the jury on mistake of law. The People concede it was error for the court to instruct the jury on mistake of law (CALCRIM No. 3407), but argue any error was harmless. We…