Beck

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 defendant’s attempted murder conviction and affirm the remainder of the judgment.

FACTS AND PROCEDURAL HISTORY

Defendant escaped from a Stanislaus County jail facility. On February 28, 2002, members of a multijurisdictional auto theft task force had under surveillance a house in which defendant was thought to be present. Defendant emerged from the house and drove away in a car. After a chase, defendant crashed his car into a fence and ran.

Modesto Police Officer Gary Guffey ran after defendant. As defendant ran, he pulled a semiautomatic handgun from his pocket. Guffey caught up with defendant and used his shoulder to drive defendant into a closed garage door. Guffey then grabbed defendant by the back of his shirt and spun defendant to the ground. While falling, defendant fired a shot. Two other pursuing…