Sanders v. State, 507 So. 2d 1230

Lead Opinion

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and LOCKETT, J.T., Associate Judge, concur. COBB, J., dissents with opinion.

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Dissenting Opinion

COBB, Judge,

dissenting:

In this case the defendant was tried in shackles without any preliminary determination that such was necessary to deter escape or prevent a disturbance or potential injury to people in the courtroom. See McCoy v. State, 503 So.2d 371 (Fla. 5th DCA 1987). Unlike McCoy, this record shows an impairment or detriment to the defendant inasmuch as he, as appointed co-counsel, was unable to freely participate in the trial, particularly in regard to the attendance of bench conferences. It was unnecessary for the trial judge to appoint Sanders as his own co-counsel;¹ having done so, however, the trial judge was not at liberty to shackle him without any justification. I would reverse for a new trial.

Notes

1 . See Sheppard v. State, 391 So.2d 346 (Fla. 5th DCA 1980).

Case Details

Case Name: Sanders v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 4, 1987

Citations: 507 So. 2d 1230; 12 Fla. L. Weekly 1405; 1987 Fla. App. LEXIS 8564; No. 86-1539

Docket Number: No. 86-1539

Court Abbreviation: Fla. Dist. Ct. App.