Can the trial court improperly use an element of the crime to choose the upper term?

We cannot discern from the trial court's statements whether it was improperly using an element of the crime to choose the upper term. It can be plausibly argued from the quoted statements that the trial court might have done so. This is precisely why defendants are required to raise timely objections at sentencing and to seek clarification of the court's reasons if unclear. (People v. Scott, supra, 9 Cal.4th at pp. 354-355.) But this was not the only reason given by the trial court.