PEOPLE v.VANCE

Filed 7/31/06

CERTIFIED FOR PUBLICATION

COPY

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta)

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THE PEOPLE,

Plaintiff and Respondent,

JAMES MICHAEL VANCE,

Defendant and Appellant.

C049453

(Super. Ct. No. 84F82012)

APPEAL from a judgment of the Superior Court of Shasta County, Jack Halpin, J. Reversed.

Rudy Kraft, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Stephen G. Herndon, Supervising Deputy Attorney General, Paul E. O'Connor, Deputy Attorney General, for Plaintiff and Respondent.

In 1984, 23-year-old defendant James Michael Vance attacked his mother with a meat cutter saying, â€

Description	Constitutional limitations on shackling of defendant in presence of jury apply to trial of petition to extend commitment of defendant previously found not guilty by reason of insanity. Trial court erred in permitting shackling of defendant in presence of jury based solely on determination of court security personnel without independent evaluation of relevant facts.
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