P. v. Berridge
jury found defendant Andrew Matthew Berridge guilty of attempted murder of a peace officer, convicted felon in possession of a firearm, and possession of a short-barreled shotgun. In connection with the attempted murder, the jury found that defendant personally used a firearm and that the victim was a peace officer engaged in the performance of his duties. In bifurcated proceedings, defendant admitted a prior prison term, a strike prior, and a violent felony conviction within 10 years of a prior prison term for a violent felony.
Sentenced to state prison, defendant appeals, contending: (1) he received ineffective assistance of counsel in that counsel stipulated that the victim was engaged in the performance of his duties; and (2) the jury instructions given violated his federal constitutional right to due process. Court reject defendants claims.
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