People v. Beck (James David) and Cruz (Gerald Dean), [Automatic Appeal]

Filed 2/11/20
IN THE SUPREME COURT OF
CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
JAMES DAVID BECK and GERALD DEAN CRUZ,
Defendants and Appellants.
S029843
Alameda County Superior Court
110467-A and 110467-B
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.
The petition for rehearing is denied.

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