Sanders v. State, 86-1539

Decision Date04 June 1987
Docket NumberNo. 86-1539,86-1539
Citation507 So.2d 1230,12 Fla. L. Weekly 1405
Parties12 Fla. L. Weekly 1405 Michael SANDERS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Appeal from the Circuit Court for Orange County; Gary R. Formet, jr., judge.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and LOCKETT, J.T., Associate Judge, concur.

COBB, J., dissents with opinion.

COBB, Judge, dissenting:

In this case the defendant was tried in shackles without any preliminary determination that such was necessary to deter escape or prevent a disturbance or potential injury to people in the courtroom. See McCoy v. State, 503 So.2d 371 (Fla. 5th DCA 1987). Unlike McCoy, this record shows an impairment or detriment to the defendant inasmuch as he, as appointed co-counsel, was unable to freely participate in the trial, particularly in regard to the attendance of bench conferences. It was unnecessary for the trial judge to appoint Sanders as his own co-counsel; 1 having done so, however, the trial judge was not at liberty to shackle him without any justification. I would reverse for a new trial.

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2 cases
  • Sanders v. State, 92-1302
    • United States
    • Florida District Court of Appeals
    • May 28, 1993
    ...court for appellate review. Both the sentences and the convictions were affirmed without opinion in June of 1987. See Sanders v. State, 507 So.2d 1230 (Fla. 5th DCA 1987). Judge Cobb dissented with the opinion on the sole ground that in his view, it was unnecessary and unfair to try Sanders......
  • Finfrock v. State, 86-1615
    • United States
    • Florida District Court of Appeals
    • June 4, 1987

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