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PEOPLE v. DURAN

No. B114409.

78 Cal.Rptr.2d 884 (1998)

67 Cal.App.4th 267

The PEOPLE, Plaintiff and Respondent, v. Andy DURAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

As Modified October 27, 1998.

Review Denied February 3, 1999.

Attorney(s) appearing for the Case

Jeff Price and Ted T. Yamamoto, Los Angeles, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Sanjay T. Kumar, Supervising Deputy Attorney General, and David Andrew Eldridge, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

EPSTEIN, Associate Justice.

Andy Duran challenges his convictions for attempted first degree murder, assault with a firearm, and exhibiting a deadly weapon to resist arrest. He argues that the record lacks sufficient evidence to support the first and third counts. He also argues that CALJIC No. 2.90 does not adequately instruct the jury on the meaning of the phrase "beyond a reasonable doubt...

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