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PEOPLE v. BECK

No. F044669.

24 Cal.Rptr.3d 228 (2005)

126 Cal.App.4th 518

The PEOPLE, Plaintiff and Respondent, v. Joshua Earl BECK, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As Modified on Denial of Rehearing February 3, 2005.

Review Denied April 13, 2005.

Attorney(s) appearing for the Case

Jerome P. Wallingford, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Louis M. Vasquez and Michelle L. West, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

VARTABEDIAN, J.

Defendant and appellant Joshua Earl Beck was convicted of one count of attempted murder and three other felony counts. The jury was given conflicting instructions on the required state of mind for attempted murder. On appeal, we must determine whether the instructional error was harmless beyond a reasonable doubt. We conclude the error was not harmless; we reverse...

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