People v. Howard
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
KING, J.
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…
2Cases cited6 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- United States v. DunniganSupreme Court of the United States · 1993
- United States v. GraysonSupreme Court of the United States · 1978
- People v. RedmondCalifornia Supreme Court · 1981
- In Re PerezCalifornia Court of Appeal · 1978
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3Cited by6 opinions
- People v. MiddletonCalifornia Court of Appeal · 1997
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- Cabe v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 1998
- People v. Batta CA3California Court of Appeal · 2013
- People v. Joseph CA2/2California Court of Appeal · 2014
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