Guzman

A jury convicted Roger Reginald Guzman of one count each of hit-and-run driving and assault with a deadly weapon. The jury acquitted Guzman of a second count of assault with a deadly weapon. We find the prosecutor improperly commented on Guzman’s failure to testify and that such comments were not harmless beyond a reasonable doubt. Accordingly, we reverse the judgment.

William Hall was stopped at a red light one morning when he was rear-ended by Guzman in a Chevrolet Blazer. After the collision, Guzman drove around Hall’s van and pulled into a nearby shopping center. Hall followed him and then got out of his van to exchange information. Given the damage to their vehicles, Hall told Guzman they would have to call the police. Guzman was reluctant to do that. In fact, he was so reluctant that when Hall went to find a phone, he took off in his Blazer.

Hall got back in his van and began following Guzman. He had trouble keeping up with him at first, but eventually he spotted the Blazer at the end of a residential cul-de-sac. He slowly drove toward the Blazer and then came to a stop. Although, in Hall’s view, there was “plenty of room” for Guzman to drive around him, Guzman…