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STATE v. FLIEGER

No. 15784-9-III.

955 P.2d 872 (1998)

STATE of Washington, Respondent, v. Phillip Duane FLIEGER, Appellant.

Court of Appeals of Washington, Division 3, Panel Eight.

May 28, 1998.

Attorney(s) appearing for the Case

Suzanne L. Elliott, Seattle, for Appellant.

Steven M. Lowe, Franklin County Prosecutor, Pasco, for Respondent.

KURTZ, Acting Chief Judge.

Phillip Flieger was charged in the alternative with first degree murder, or second degree felony murder based upon residential burglary. At trial, Mr. Flieger was required to wear a "shock box" strapped to his waist and placed under his shirt. The court refused to order the box removed. A jury convicted Mr. Flieger of second degree felony murder. He appeals contending the court abused its discretion by failing to conduct a hearing to examine...

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