P. v. Clarke
Bryan James Clarke appeals the judgment entered after a jury convicted him on five counts of assault with a firearm (Pen. Code[1], 245, subd. (a)(2)), and one count of making a criminal threat ( 422). The jury also found true the allegations that Clarke personally used a firearm in committing the assaults ( 12022.5, subds. (a)-(d)). Clarke was sentenced to a total state prison term of 17 years 4 months. The charges arise from a car chase ending with Clarke firing shots at the occupants of the other car. Clarke's sole contention on appeal is that the trial court committed prejudicial error by instructing the jury with CALCRIM No. 875, which defines the elements of assault with a firearm. Clarke's attorney requested the instruction. Court conclude that any error was invited, and accordingly affirm.
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