State v. Jaquez

Hunt, A.C.J.

Pepe Jaquez appeals a jury conviction for *702first 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’s 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, Janet Wade was standing alone at the counter inside her Tacoma antique store, Blessed Treasures, at 2703 Sixth Avenue. A man entered the store, put a white…