P. v. Reese
Filed 4/6/06 P. v. Reese CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
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THE PEOPLE, Plaintiff and Respondent, v. KENNETH ALLAN REESE, Defendant and Appellant. | C046895
(Super. Ct. No. P02CRF0408)
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A jury convicted defendant Kenneth Allan Reese of attempted murder (with certain firearm enhancements) and car theft, and acquitted him of dissuading a witness. (Pen. Code, §§ 664, 187, 12022.53; Veh. Code, § 10851, subd. (a); Pen. Code, § 136.1, subd. (a)(2).)
As we shall explain, the trial court erred by instructing the jury--on the attempted murder count--that â€