BROWN v. STATE

No. 4D02-3518.

856 So.2d 1116 (2003)

Michael BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 22, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

This appeal arises out of the conviction of Michael A. Brown for armed robbery of a gas station on October 23, 2001. We find Brown's primary issue on appeal, that there was insufficient evidence identifying him as the perpetrator, unpersuasive. We write, however, to specifically address whether the shackling of Brown during trial without conducting an evidentiary hearing entitles him to a new trial. The proper standard of review for this issue is abuse of...

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