Simmons

McADAMS, J.

Defendant Melvin Simmons was charged with two counts of possessing a controlled substance in prison. A jury convicted him of one count and acquitted him of the other. On appeal, defendant challenges his appearance at trial in shackles, which he claims constitutes judicial error. Defendant also asserts ineffective assistance of counsel, on the ground that his attorney permitted him to appear at trial in restraints and in prison garb. Reaching only the first claim, we conclude that the trial court erred because its determination to restrain defendant was not individualized, adequately supported, and made on the record, and we further conclude that the error was prejudicial. We therefore reverse the judgment of conviction.

In April 2003, the Monterey County District Attorney filed a criminal information against defendant, charging him with two counts of possessing a controlled substance in prison. (Pen.Code, § 4573.6.) The first count charged defendant with possession of marijuana; the second charged him with possession of methamphetamine. The information also alleged that defendant had three prior strikes within the meaning of the three strikes law. (Pen.Code, §…