The complainant in this case, William Madden, was attacked in his hotel room after answering a knock on the door. Following a struggle with his attacker, Madden was briefly rendered unconscious. When he awoke, he discovered that his wallet and keys were missing. Madden saw the assailant attempt to unlock Madden’s car. Maddеn went to the parking lot and yelled at the assailant, who then attacked Madden again. This attack was witnessed by several people. As Madden fell down, the assailant fled across a parking lot and through a Sears store, outside of which defendant was apprehended and detained by Sears security personnel. Madden’s wallet was found at the spot where defendant was hiding, and Madden’s keys were in defendant’s possession. Defendant was convicted of unarmed robbery, MCL 750.530; MSA 28.798. Following his conviction, defendant acknowledged his status as an habitual offender, fourth offense. He was sentenced to twenty-five to forty years’ imprisonment. Hе now appeals as of right. We affirm.
i
Defendant first argues that the trial court erred in finding that the police had probable cause to arrest him and thereafter subject him to a full incidental search. We disagree.
This Court will not disturb a trial court’s ruling at a suppression hearing unless that ruling is found to be clearly erroneous.
People v Bordeau,
Here, before defendant was searched, both arresting officers had separately obtained a description of defendant, they were aware of the fact that they were pursuing a fleeing robbery suspect, both spoke to eyewitnеsses upon their arrival at the scene, and both were briefed by Sears security personnel concerning the chase and apprehension of defendant. Upon seeing defendant in the Sears security room, the officers agreed that defendant matched the description given by those who witnessed the robbery. Considering the facts known by the officers before defendant was searched, we are not left with a definite and firm conviction that the trial court erred in finding that the officers had probable cause to arrest defendant and conduct a search incident to the arrest.
People v Chambers,
n
Defendant next argues that he was denied a fair trial because Madden was allowed to positively identify him in court. We disagree. Even if Madden’s in-court identification of defendant was tainted and unreliable, the court’s decision to allow the identification was harmless in light of the overwhelming evi *531 dence against defendant, including his identification by several other witnesses.
At a lineup that occurred at the time of the preliminary examination, Madden was unable to positively identify defendant as his assailant, but was “leaning towards” choosing defendant. Over defendant’s motion to suppress, Madden testified at the preliminary examination that he was now sure that defendant was the assailant. Mаdden indicated that, although he could identify his assailant strictly from his memory of the attack, he also was able to positively identify defendant as the attacker after seeing the suspect being escorted down the hallway outside the courtroom. Again, over objection, defendant was allowed to give an in-court identification of defendant at trial.
Although Madden’s identification raises reliability concerns, any error would warrant reversal only if it was not harmless beyond a reasonable doubt.
People v Winans,
m
Next, defendant argues that the trial court denied him his right to a fair trial by keeping him in shackles throughout the trial without a finding that he was disruptive or dangerous. Howеver, the record lacks any discussion concerning the basis for defendant’s being
*532
shackled, there is no indication that the defense objected to the shackling or called upon the trial court to unshackle defendant, and there was no showing of actual prejudice. Thus, we find that the present issue was not properly preserved for our review. See
People v Stanaway,
iv
Defendant next argues that the trial court abused its discretion and denied him a fundamental right in denying him the opportunity to testify in his own behalf. We agree that the trial court committed error, but find the error harmless beyond a reasonable doubt.
“Generally, the reopening of proofs for either the prosecution or defense rests within the sound discretion of the trial judge. Relevant in ruling on a motion to reopen proofs is whether any undue advantage would be taken by the moving pаrty and whether there is any showing of surprise or prejudice to the nonmoving party.” [People v Collier,168 Mich App 687 , 694-695;425 NW2d 118 (1988) (citations omitted).]
At the trial of this case, after the prosecution rested, the defense called two witnesses and then it, too, rested. The jury was then dismissed, and jury instructions were reviewed by the court and the attorneys. During this discussion, defendant’s attorney argued that an instruсtion regarding intent should be given to the jury. Defense counsel indicated that *533 defendant lacked intent because “the keys just happened to stay with [defendant] because this individual came at him with the keys.” The trial court denied the request for an instruction regarding intent, stating, “I really don’t know that you presented any evidence of that or really even argued that.”
The court reconvened approximately twenty-nine minutes later, and the trial court then inquired whether the parties were ready for closing arguments before the jury. It was at that time that defense counsel informed the court that defendant had advised him that he had planned to takе the stand to testify. After discussing the issue with defendant and counsel, the court concluded that defendant was merely “playing games” in a tardy attempt to change his trial strategy. Accordingly, the court denied defendant’s request to reopen the proofs. We find that the trial court erred in denying defendant’s request to testify.
When spеaking of the importance of a defendant’s constitutional right to testify, the United States Supreme Court stated the following in
Rock v Arkansas,
The right to testify on one’s own behalf at a criminal trial has sources in several provisions of the Constitution. It is one of the rights that “are essential to due process of law in a fair adversary process.” The necessary ingredients of the Fourteenth Amendment’s guarantee that no one shall be deprived of liberty without due process of law include a right to be heard and to offer testimony. [Citation omitted.]
... In fact, the most important witness for the defense in many criminal cases is the defendant himself. There is no *534 justification today for a rule that denies an accused the opportunity to offer his own testimony.
* * *
. . . Even more fundamental to a personal defense than the right of self-representation ... is an accused’s right to present his own version of events in his own words. A defendant’s opportunity to conduct his own defense by calling witnesses is incomplete if he may not present himself as a witness.
After reviewing the importance of a defendant’s right to testify, the Court also noted that the right was not without limitation, stating that the right may “ ‘bow to accommodate other legitimate interests in the criminal trial process.’ ”
Id.
at 55, quoting
Chambers v
Mississippi,
In
Collier, supra,
the trial court had denied the defendant’s motion to reopen the proofs to present a late-arriving defense witness. The request to reopen was made after both the prosecution and the defense had rested, but before closing arguments. This Court found that the trial court abused its discretion in arbitrarily deciding to not allow the testimony.
*535 In this case, there was no indication that defendant waived his right to testify, nor was there any indication that defendant would have gained any undue advantage or that the prosecution would have suffered any surprise or prejudice if defendant had testified. Furthermore, only twenty to thirty minutes passed between the time the defense rested and the time defendаnt indicated that he wished to take the stand, and neither party had yet delivered its closing arguments to the jury. Accordingly, we find that allowing defendant to exercise his constitutional right to testify would not have disrupted the flow of the trial in any significant way. Therefore, we conclude that the trial court abused its discretion in denying defendant’s motion to reopen the proofs.
Although we find that the trial court erred in refusing to reopen the proofs to allow defendant’s testimony, we further find that such error was harmless beyond a reasonable doubt, in light of the overwhelming evidence against defendant. The question whether a harmless-error analysis can be аpplied to a denial of a defendant’s right to testify is an issue of first impression in Michigan. Thus, we look to the decisions of other jurisdictions for guidance. We agree with the majority of jurisdictions that have decided this issue and we hold that a harmless-error analysis is proper in this situation.
A constitutional error does not automatiсally require reversal. The United States Supreme Court has held that most constitutional errors can be harmless.
Arizona v Fulminante,
“[T]he harmless error doctrine is essential to preserve the ‘principle that the central purpose of a criminal trial is to deсide the factual question of the defendant’s guilt or innocence, and promotes public respect for the criminal process by focusing on the underlying fairness of the trial rather than on the virtually inevitable presence of immaterial error.’ ”
Fulminante, supra
at 308, quoting
Delaware v Van Arsdall,
In
Wright v Estelle,
572 F2d 1071 (CA 5, 1978), cert den
Even if petitioner was deprived of [the constitutional right to testify in his own behalf] we are convinced, as the court below was, it was harmless error beyond a reasonable doubt. Chapman v California,386 US 18 , 24;87 S Ct 824 , 828,17 L Ed 2d 705 , 710 (1967). It was harmless error beyond a reasonable doubt because we have no doubt that petitioner’s testimony would not have altered the verdict. The evidence connecting [the petitionеr] to this crime was overwhelming. [549 F2d 974.]
Similarly, in
Ortega v O’Leary,
843 F2d 258 (CA 2, 1988), cert den
In finding that denial of a defendant’s right to testify is subject to a harmless-errоr analysis, we recognize that the prosecution bears a heavy burden to show that the error was harmless beyond a reasonable doubt in light of the uncertain effect of the defendant’s testimony on the jury. Ylst, supra at 1157; LaVigne, supra at 221. However, application of the harmless-error rule will promote judicial economy without sacrificing fairness in those cases where the prosecution can prove beyond a reasonable doubt that the error was harmless. Id. at 222. In this case, the evidence against defendant was overwhelming, and the prosecution met its burden of showing that the error was harmless beyond a reasonable doubt.
The prosecution presented the following evidence against defendant. The complainant described his' assailant as a black male wearing a dark blue and red warm-up suit and a dark baseball cap. At trial, the complainant identified defendant as the individual who attacked him and stole his wallet and keys. Several other witnesses identified defendant as the individual they saw assault the complainant in the hotel parking lot, and their descriptions of the assailant and his attire matched that given by the complainant. Fol *539 lowing the attack, these same witnesses called the police and followed the assailant as he ran into a nearby Sеars. Inside Sears, one of the witnesses notified Sears’ security of the assailant’s presence. Sears personnel then pursued the individual into a nearby wooded area, and soon thereafter emerged with defendant in handcuffs. The security personnel found the complainant’s wallet at the base of the treе where defendant was hiding and found the complainant’s car keys in defendant’s pocket.
We find that the evidence presented by the prosecution constituted overwhelming evidence of defendant’s guilt. Witnesses saw defendant assault the complainant, they saw him flee the scene, and, upon his apprehensiоn, defendant was in possession of the items stolen from the complainant. Several witnesses positively identified defendant as the assailant. We can fathom no possible testimony by defendant, no matter how sincere or convincing, that could have affected the jury’s determination of guilt in this case. The evidence that defendant committed a robbery against the complainant was overwhelming, and we have no doubt that defendant’s testimony would not have altered the verdict. See Wright, 549 F2d 974. Thus, this is the relatively rare instance in which the reviewing court can confidently assert that the denial of the right to testify was so insignificant as to constitute harmless error beyond a reasonable doubt. See LaVigne, supra at 221-222.
Affirmed.