People v. Atkins

*967A 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…