P. v. Orne CA4/3
A jury convicted Charles Rodney Orne of aggravated assault on a police officer;resisting a police officer, and two misdemeanor counts of hit and run driving with property damage. In a bifurcated proceeding, Orne admitted three prison priors, a serious felony prior conviction, and a prior strike. The trial court sentenced Orne to 13 years in prison, consisting of the midterm of four years on count 1, doubled to eight years based on the strike, plus five years for the prior serious felony. Orne contends the trial court’s instructions directed the jury’s verdict on counts 1 and 2 by requiring the jury to conclude the officer acted lawfully when he initiated a search of Orne’s car based on the probation status of Orne’s passenger. Orne also argues the trial court erred by omitting a self-defense exception in its instructions on counts 1 and 2.
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