California, United States of America
The following excerpt is from People v. Ortiz-Sanchez, C092916 (Cal. App. 2021):
[2] We nonetheless note that should the trial court determine that defendant used a gun within the meaning of section 1203, subdivision (e)(2), and elects to reimpose the upper term of four years, the court also should clarify whether its lack of candor determination included a finding that defendant actually committed perjury or was based on his refusal to accept responsibility for his actions. (See People v. Howard (1993) 17 Cal.App.4th 999, 1003-1005 [federal Constitution requires a court using defendant's untruthful testimony to aggravate a sentence to make findings "encompassing all the elements of a perjury violation"].)
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