Gillard

McDONALD, J.

Appellant Vemell Gillard (Gillard) was convicted of three counts of violating Insurance Code section 1871.4, subdivision (a)(1) (making false or fraudulent statements for the purpose of obtaining workers’ compensation benefits) and one count of violating Penal Code section 118, subdivision (a) (perjury). In a bifurcated proceeding, the court found true the allegations that Gillard had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b), and had two prior serious or violent felony convictions within the meaning of Penal Code section 667, subdivisions (b)-(i). Gillard was sentenced to a prison term of 26 years to life.

I

Facts

In July 1993 Gillard claimed he suffered a work-related injury during employment by the Del Mar Fair (the Fair). The fraud and perjury counts charged Gillard with making material misstatements about his medical history to obtain workers’ compensation benefits from the Fair for the injury.

A. Gillard’s Pre-1993 Medical History

1. Pre-1987 Injuries

Gillard has a long history of mishaps. In 1976 he filed a lawsuit alleging an injury in a 1975 slip-and-fall accident. His medical records contained…