Lloyd

A jury convicted defendant Christopher James Lloyd of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and found he inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)) during the assault. Trial on defendant’s five separate prior state prison commitments (Pen. Code, § 667.5, subd. (b)) was bifurcated from the trial on the assault. Defendant eventually admitted the five state prison priors more than seven months after the jury’s verdict. The trial court sentenced defendant to 11 years in state prison, consisting of a three-year midterm on the assault, a consecutive three-year term on the great bodily injury enhancement, and five consecutive one-year terms imposed pursuant to Penal Code section 667.5, subdivision (b).

We find two prejudicial errors. First, the prosecutor repeatedly argued in ways that diminished the reasonable doubt standard. When the court overruled defendant’s earlier objection, the prosecutor argued in rebuttal, “Well, what does not guilty mean? It means he did not commit a crime.” The prosecutor thus misstated the law, playing on a common misconception. Even though the jury was properly instructed with regard to reasonable…