Ruling by
Goodwin H. LiuLower Court
Alameda County Superior CourtLower Court Judge
Edward M. Lacy Jr.Court
CASCCite as
2020 DJDAR 1153Published
Feb. 14, 2020Filing Date
Feb. 11, 2020Opinion Type
ModificationDisposition Type
Affirmed as ModifiedTHE PEOPLE,
v.
JAMES DAVID BECK and GERALD DEAN CRUZ,
No. S029843
Alameda County Superior Court
110467-A and 110467-B
California Supreme Court
Filed February 11, 2010
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
THE COURT:
The opinion in this matter filed on December 2, 2019, and appearing at 8 Cal.5th 584, is modified as follows:
In the paragraph spanning pages 644 and 645, in the sentence beginning "We conclude there is no reasonable probability," the phrase "there is no reasonable probability Beck and Cruz were prejudiced by any error" is replaced by the phrase "the instructional error was harmless beyond a reasonable doubt." As modified, the sentence now reads:
We conclude the instructional error was harmless beyond a reasonable doubt.
This modification does not change the judgment.
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