# People v. Wims

> California Supreme Court · June 5, 1995 · 10 Cal. 4th 293

URL: https://www.frixlaw.com/law-library/cases/9846560

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. CLIFTON C. WIMS Et Al. Defendants and Appellants
- **Court:** California Supreme Court
- **Decided:** June 5, 1995
- **Citations:** 10 Cal. 4th 293; 41 Cal. Rptr. 2d 241; 95 Daily Journal DAR 7199; 895 P.2d 77; 95 Cal. Daily Op. Serv. 4194; 1995 Cal. LEXIS 3139
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mosk
- **Judges:** Werdegar, Mosk, Kennard
- **Cited by:** 118 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by People v. Sengpadychith, 109 Cal. Rptr. 2d 851 (2001).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9846560

## Opinion text

MOSK, J., J., Concurring and Dissenting.
In all respects save one, I concur in the judgment. The Court of Appeal was correct to uphold the second *317 degree robbery convictions of defendants Clifton C. Wims and Wilbert Ford under Penal Code sections 211 and 212.5 and also the sentence enhancement of defendant Ford for a prior serious felony conviction under Penal Code sections 667, subdivision (a), and 1192.7, subdivision (c).
As to the sentence enhancements of defendants Wims and Ford for personal use of a deadly or dangerous weapon in the commission or attempted commission of a felony under Penal Code section 12022, subdivision (b), I dissent. The Court of Appeal was correct to set aside the underlying findings, and to vacate the resulting one-year terms, because the omission of an instruction on the elements was prejudicial error under the United States Constitution. As a general matter, I fully join in Justice Kennard’s analysis: it is irrefutable. But I cannot agree with her conclusion that the error was harmless as to defendant Ford on the ground that “overwhelming” evidence was introduced against him at trial. (See People v. Harris (1994) 9 Cal.4th 407, 440-442, 447 [ 37 Cal.Rptr.2d 200 , 886 P.2d 1193 ] (conc. & dis. opn. of Mosk, J.).)
For the foregoing reasons, I would affirm the judgment of the Court of Appeal in its entirety.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9846560. Public record. Not legal advice.