Howard

I. Introduction

In this case we hold that when imposing an aggravated sentence on the ground the defendant committed perjury at trial, the sentencing court is constitutionally required to make on-the-record findings as to all the elements of a perjury violation.

John Emmett Howard appeals from a judgment of conviction for forcible oral copulation (Pen. Code, § 288a, subd. (c)) and sexual battery (Pen. Code, § 243.4, subd. (d)). We conclude the court did not give an adequate statement of reasons in imposing an upper term of imprisonment, but we affirm because the error was harmless.

II. Background

On July 7, 1992, Howard, driving a van, picked up 17-year-old Jocelyn J. as she was hitchhiking in Areata. Past Crescent City, he turned onto a small road. Jocelyn became scared and asked to be let out. Howard pulled off the road, stopped, and at Jocelyn’s request removed her belongings from the van.

Jocelyn walked back toward the road, but Howard grabbed her shoulder and said, “I think you owe me something for the ride.” Jocelyn repeatedly said she had to go, but Howard said he wanted to feel her breasts as payment for the ride. When she screamed, he hit her in the face and…