P. v. Dorsey
Following a jury trial, defendant was found guilty of battery upon a correctional officer (Pen. Code, 4501.5).[1] The jury also found true that defendant had sustained two prior strike convictions ( 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)) and two prior prison terms ( 667.5, subd. (b)). The People later agreed to dismiss one strike prior in exchange for defendants agreement to a six-year prison term. Defendant was sentenced in accordance with the agreement. On appeal, defendant contends Judicial Council of California Criminal Jury Instructions (CALCRIM) Nos. 223 and 302 violate the due process clause of the Fourteenth Amendment by shifting the burden of proof to the defendant and undermining the presumption of innocence. Court reject these contentions and affirm the judgment.
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