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JOSEPH v. STATE

No. 93-156.

625 So.2d 109 (1993)

Raymond JOSEPH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 12, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Cecily Robinson-Duffie, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

Defendant appeals from a conviction and sentence for second degree murder and use of a weapon in the commission of a felony.

We affirm the conviction and sentence for second degree murder. Defendant's obstreperous conduct and repeated outbursts gave the trial court no option but to sanction the defendant, outside the presence of the jury, by binding him to a wheelchair and threatening to gag him, and then removing him from the courtroom.

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