Herndon

Certified for Partial Publication. [*]

JOHNSON, Acting P.J.

This case requires us to decide whether the trial court violated a defendant's right to due process of law when, at the court's direction, five sheriffs deputies wrestled the defendant to the ground, pried open his clenched fists and took his fingerprints. We conclude the use of such brutal force to compel the defendant's obedience to a court order he submit to fingerprinting violated the defendant's right to due process of law and the trial court's duty to provide for the orderly conduct of proceedings before it. We are convinced beyond a reasonable doubt, however, that under the circumstances of this case the trial court's error was not prejudicial. Finding no merit in defendant's remaining issues on appeal, we affirm the judgment.

A jury convicted Travis Lee Herndon of one count of armed robbery and two counts of assault with a firearm. We briefly summarize the evidence and relevant trial court proceedings.

Prior to trial Herndon asked the trial court to relieve his counsel, a public defender, and appoint a private attorney to represent him. [1] The court denied that motion. Herndon subsequently asked the court to…