STATE v. JAQUEZ

No. 24896-4-II.

20 P.3d 1035 (2001)

105 Wash.App. 699

STATE of Washington, Respondent, v. Pepe JAQUEZ, Appellant.

Court of Appeals of Washington, Division 2.

April 6, 2001.


Attorney(s) appearing for the Case

Linda J. King, Court Appointed, Steilacoom, for Appellant.

Kathleen Proctor, Pierce County Deputy Pros. Atty., Tacoma, for Respondent.


HUNT, A.C.J.

Pepe Jaquez appeals a jury conviction for first degree robbery with a deadly weapon enhancement. We hold (1) that the trial court erroneously allowed Jaquez to be shackled during trial without first determining that restraint was necessary and (2) that such action prejudiced Jaquez' right to a fair trial. Accordingly, we reverse and remand for a new trial.

FACTS

I. THE ROBBERY

At approximately 3:30 P.M. on December 15, 1998...

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