P. v. Gutermuth CA4/2
A jury convicted Jason Andrew Gutermuth of attempted second degree robbery. (Pen. Code, §§ 664, subd. (a), 211, 212.5, subd. (c); all further statutory references are to the Penal Code) and misdemeanor resisting a peace officer (§ 148, subd. (a)(1)). The court found he had a prior serious felony conviction (§ 667, subd. (a)(1).)
Gutermuth asserts the court misdirected the jury on the mens rea required for attempted robbery, and his attorney rendered ineffective assistance of counsel by failing to request a pinpoint instruction on the defense of accident or mistake. He does not challenge his conviction for resisting a peace officer. We affirm.
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