Thomas v. Miller, No. H032249
Conviction for assault with a deadly weapon by a person serving a life term and attempted murder is reversed and remanded for retrial where: 1) the trial court abused its discretion by denying defendant's motion to be unshackled during trial as the record does not show defendant's violence, threat of violence, or other nonconforming conduct, and it cannot be said beyond a reasonable doubt that the restraints placed on defendant had no prejudicial effect on his ability to participate at trial or the jury's perception of him; and 2) the evidence was insufficient to support his conviction for assault with a deadly weapon by a person serving a life term.
Appeal from Monterey County Super. Ct. No. SS031302.
SIXTH APPELLATE DISTRICT
Filed: July 15, 2009
Before Premo, J., Rushing, P.J., Elia, J.
Opinion by Premo, J.
For Plaintiff: Edmund G. Brown Jr., Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, David M. Baskind, Deputy Attorney General
For Defendant: William M. Robinson, under appointment by the Court of Appeal.