People v. Ceniceros

Opinion

BUCKLEY, J.

— Defendant Andre Ceniceros appeals from conviction by jury trial of first degree murder and attempted murder, contending, inter alla, that the trial court's action in ordering defense witnesses shackled during their testimony denied defendant his constitutionally guaranteed “presumption of innocence” and precluded the jury from fairly evaluating the shackled witnesses’ credibility. In the published portion of this opinion, we hold that, while the court erred in so ordering, shackling a witness does not implicate or directly affect defendant’s presumption of innocence.…