P. v. Crosby
A jury found defendant Brian Michael Crosby guilty of first degree residential burglary (Pen. Code, 459; all statutory citations are to the Penal Code unless indicated), concealing stolen property ( 496, subd. (a)), and possession of marijuana (Health & Saf. Code, 11357, subd. (b)). He contends the trial court erred by denying his request for self-representation, failing to declare a mistrial because the prosecutor commented on his failure to testify, and finding a 1991 Florida conviction for burglary qualified as a strike under the Three Strikes law and as a prior serious felony under section 667, subdivision (a)(1). For the reasons expressed below, Court reject defendants attack on his burglary conviction, but conclude the record contains insufficient evidence to sustain the trial courts finding concerning the 1991 Florida burglary conviction. Accordingly, court reverse the judgment for a possible retrial on the prior conviction allegation.
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