February 26, 2020 By Paul Wallin


In People v. Wetle, a commercial fisherman was prosecuted under sections of the California Code of Regulations 14 section 632(a)(1)(C) and section 180.2 (Fish and Game Code 12000(a)).

Commercial crab fishermen use large “crab traps” to trap crab. The traps are baited and dropped into the ocean to “soak” – i.e., sit at the bottom of the ocean. A buoy with the commercial fishing license number is attached to the trap so that the fishermen can return and retrieve the trap. 

If the fisherman can’t retrieve the trap for whatever reason the problem is that the crabs will become trapped inside and die from lack of food and their remains become bait for other crabs, thus creating a vicious cycle and causing needless destruction of wildlife. 

To prevent this California law requires that each crab trap be outfitted with what’s called a “destruction device” so that, if the fisherman doesn’t return after a period of time, the lid on the trap will be able to be opened and the crabs can escape [CA ADC § 180.2].

Prejudicial Instructional Error Helped the Defendant’s Convictions Get Dismissed

Investigators found that Mr. Wetle’s license number was attached to traps without a “destruction device” on them. The thing is that Mr. Wetle presented evidence that he was out of the country at the time the traps were placed and that he had leased the traps to another fisherman, who was responsible for placing them illegally without the “destruction device” on them. In fact the other fisherman testified at Mr. Wetle’s trial that he placed the traps illegally. 

The prosecution, apparently seeing a problem with their case, and bent on securing a conviction, convinced the trial court to give the jury 2 “special jury instructions” that essentially undercut Mr. Wetle’s defense and indicated that the prosecution did not have to prove that Mr. Wetle personally placed the illegal traps to find him guilty. Mr. Wetle’s lawyers objected, but to no avail.

Mr. Wetle was convicted and sentenced to 40 days in jail, ordered to pay over $4,000 in fines, and was placed on probation for 3 years. Mr. Wetle’s appeal to the Superior Court Appellate Department was not successful, so he appealed to the 6th District Court of Appeals.

The Court of Appeals ruled that the constitution requires that the prosecutor prove ALL elements of the crime beyond a reasonable doubt. In this case, the court noted that the law requires a showing that the “defendant” employed the illegal trap or illegally damaged wildlife – not just that someone associated with the defendant did.

The Court found the prosecutor’s “special instructions” allowed the jury to find Mr. Wetle guilty even if proof of an element was missing – a clear violation of the U.S. Constitution. As such, the Court of Appeals reversed Mr. Wetle’s conviction and granted him a new trial.

Don’t Let The Prosecutor Take Advantage of You. Let Wallin & Klarich Help You With Your Case.

If you are facing any kind of criminal charge, the prosecution may stop at nothing to secure a conviction. You must ensure your California criminal defense lawyer is experienced in the relevant laws that apply to your case and be willing to fight tooth and nail to ensure that the jury receives proper jury instructions. 

At Wallin & Klarich, we have over 40 years of experience in helping clients like you fight against criminal accusations. We will work tirelessly and use all of our legal skills and knowledge to help you achieve the best possible outcome in your case. Let our skilled attorneys and legal professionals help you today.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich domestic violence attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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