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PEOPLE v. CONTRERAS

No. G042077.

184 Cal.App.4th 587 (2010)

108 Cal.Rptr.3d 880

THE PEOPLE, Plaintiff and Respondent, v. JESUS CONTRERAS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

May 10, 2010.

Attorney(s) appearing for the Case

Chris Truax, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Theodore M. Cropley, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

O'LEARY, J.—

Jesus Contreras appeals from a judgment after a jury found true he remained a mentally disordered offender. Contreras argues the trial court prejudicially erred when it instructed the jury with CALCRIM No. 224, the general instruction on circumstantial evidence, rather than CALCRIM No. 225, the instruction on circumstantial evidence to be given when only a defendant's intent or mental state is at issue. We disagree...

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