State v. Hanton

HORTON, Judge.

Defendant argues that the trial court erred by (I) giving an incorrect instruction on the State’s burden of proof; (II) denying defendant’s motion for a continuance; (III) allowing two State’s witnesses to testify about defendant’s invocation of the right to remain silent; (IV) overruling defendant’s objections to highly prejudicial evidence that he was involved in narcotics; and (V) incorrectly determining defendant’s prior record level. We disagree with defendant’s first four arguments and affirm his conviction. However, we remand the case to the trial court for resentencing…