People v. DenardAnnotate this Case
Defendant appealed his conviction and sentence for second degree commercial burglary. The court concluded that the prosecutor's comment on defendant's silence constituted harmless error and therefore, the court affirmed the conviction. However, the court reversed the trial court’s finding that defendant's prior Florida burglary conviction constituted a strike because it is unsupported by substantial evidence, and the district court’s determination that the prior Florida manslaughter conviction constituted a strike because it was necessarily based on factual findings that were not established by the conviction itself and thus violated the Sixth Amendment. Accordingly, the court remanded for resentencing.