People v. Jackson
Opinion
Opinion
Hollenhorst, J.
I
Defendants Conway, Robinson, and Jackson were each convicted by a jury of various attempted murder, kidnapping, burglary, attempted robbery, and assault offenses arising out of an attempted robbery of a check-cashing business, and a subsequent shoot-out with sheriff’s deputies.
On appeal, they each raise numerous trial and sentencing issues. We consider those issues in the sequence in which they arose at trial.
II, III
IV Trial Issues
1. Shackling of Defendants During Trial.
All three defendants argue that the trial court abused its discretion and committed prejudicial error because they were shackled during the trial.
The facts are relatively undisputed. Defendants were not shackled during voir dire. However, at the beginning of trial they were in leg irons which were visible to the jury. Defendants objected to the sudden shackling.
a. The Hearing of October 10, 1990.
In response to the defendants’ objections, the trial court said: “Well, the security in this trial is going to be left up to the sheriff and my bailiff.” After further discussion, the court said: “Okay. Look, let me short-circuit you. I understand your concerns. The safety and concerns concerning…