People v. Williams CA2/4

INTRODUCTION

In March 2022, a jury found defendant James Terry Williams guilty of felony evasion (Veh. Code, § 2800.2). The jury also found true the allegation that the offense involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness. (Cal. Rules of Court, rule 4.421(a)(1)).1 Defendant contends the trial court erred at sentencing in imposing the upper term based on the aggravating circumstance of “great bodily harm” as well as the court’s finding that defendant committed perjury during his testimony at trial. Because we cannot conclude that either factor was found to be true beyond a reasonable doubt by the jury, as required by Penal Code section 1170, subdivision (b)(2) (hereafter section 1170(b)(2)),2 we agree that the trial court erred in imposing the upper term. Finding the error prejudicial, we reverse the judgment and remand for further proceedings.

STATEMENT OF FACTS

1. Prosecution’s Evidence On March 7, 2020, around 3:00 a.m., California Highway Patrol (CHP) Sergeant Jonathan Yochim was parked in his patrol vehicle monitoring traffic when he observed defendant’s vehicle speed…