State v. Contreras
Court of Appeals of New Mexico
167 P.3d 966 (2007)
Anthony Contreras (defendant) checked into a hotel while intoxicated and was assigned room 125, but his key card did not list a room number. Police later found that he had broken a window and entered room 121 instead, though nothing inside was damaged, and he was arrested leaving the bathroom with his room-125 key card found near the door. The State (plaintiff) charged Contreras with breaking and entering and property damage. He put on no evidence at trial but asked for a jury instruction on mistake of fact and on the State's burden to prove he entered without permission and without an honest mistake; the trial court denied both requests and gave only a general-intent instruction instead.
Whether a jury instruction on mistake of fact must be given when there is evidence that could negate an element of the charged crime.