Atkins

*967 A jury convicted defendant Randall Patrick Atkins of attempting to deter and resisting an executive officer in the performance of his duties under Penal Code section 69 (hereafter section 69 ). 1 Atkins contends on appeal that we must reverse his conviction because the trial court erred in instructing the jury that the People need not prove beyond a reasonable doubt that Atkins knew the person whom he attempted to deter was an executive officer. We agree that the trial court erred, conclude that the error was prejudicial, and reverse his conviction.

I. FACTS AND PROCEDURAL BACKGROUND

Atkins was charged by information with attempting to deter an executive officer and resisting an executive officer ( § 69 ; count 1); misdemeanor possession of a weapon on school grounds (§ 626.10, subd. (b) (hereafter section 626.10(b) ); count 2); and misdemeanor resisting, obstructing, or delaying a peace officer (§ 148, subd. (a) (hereafter section 148(a) ); count 3).

In count 1, the information charged that "On or about [March 10, 2017], in the above named Judicial District, the crime of Resisting [an] Executive Officer, in violation of Penal Code Section 69, a Felony, was committed by…