People v. Lloyd
Annotate this CaseA jury convicted defendant of assault with a deadly weapon (Pen. Code 245(a)(1)), and found he inflicted great bodily injury (section 12022.7(a)) during the assault. Defendant admitted the five state prison priors more than seven months after the verdict. The court sentenced defendant to 11 years in state prison: 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 under Penal Code 667.5(b) for the prior terms. The court of appeal found two prejudicial errors. The prosecutor repeatedly argued in ways that diminished the reasonable doubt standard, stating “Well, what does not guilty mean? It means he did not commit a crime.” Although the jury was properly instructed with regard to reasonable doubt, those instructions were weakened under the totality of the circumstances. There were credibility problems with witnesses on both sides. Had the prosecutor not misstated the law, there is a reasonable probability the jury would have returned a more favorable verdict for defendant. In addition, the court did not adequately advise defendant of his right to trial, to confront adverse witnesses, and to remain silent just prior to accepting defendant’s admission of his prior convictions.
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