Does the comment that defendant would have been a candidate for probation had he admitted this crime have to be interpreted as a reference to false testimony at trial?

For example, it is apparent that the comment that defendant "would have been a candidate for probation had he admitted this crime" was a reference to defendant's false testimony at trial, and not a reference to defendant's failure to plead guilty or no contest. The court explained that defendant "did not admit the offense. He testified in this case. I heard the testimony [and] did not find it credible." The court also observed that "the statement that defendant made to the police . . . was never stated here in this court under oath." A defendant's willingness to give false testimony may reflect on his character and amenability to rehabilitation, and is thus properly considered in sentencing. (People v. Howard (1993) 17 Cal.App.4th 999, 1002-1005; Alabama v. Smith, supra, 490 U.S. at p. 801.)

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