HAYES v. STATE

No. 1D13-1644.

140 So.3d 1106 (2014)

Rodger HAYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 18, 2014.


Attorney(s) appearing for the Case

Melissa J. Ford , Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Samuel A. Perrone , Assistant Attorney General, Tallahassee, for Appellee.


WOLF, J.

Appellant challenges his convictions for armed robbery with a firearm and aggravated assault with a firearm. He argues the trial court erred in not permitting a defense witness who was incarcerated to appear at trial in civilian clothing. We agree and find that the error was harmful in this case. Thus, we reverse and remand for a new trial.

At trial, the State presented evidence that two men robbed the victim in the front yard of the home of Pharory...

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