State v. Harrison

IN THE UTAH COURT OF APPEALS

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State of Utah,

Plaintiff and Appellee,

v.

Denis Harrison,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030837-CA
 

F I L E D
(September 2, 2004)
 

2004 UT App 297

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Seventh District, Castle Dale Department

The Honorable Scott N. Johansen

Attorneys: Samuel S. Bailey, Price, for Appellant

Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Jackson.

PER CURIAM:

    This is before the court on the parties' joint motion for summary reversal and remand.

    Under Utah law, a criminal defendant has a right to appear at trial in civilian clothes. "'The prejudicial effect that flows from a defendant's appearing before a jury in identifiable prison garb is not measurable, and it is so potentially prejudicial as to create a substantial risk of fundamental unfairness in a criminal trial.'" State v. Bennett, 2000 UT 34,¶3, 999 P.2d 1 (quoting Chess v. Smith, 617 P.2d 341, 344 (Utah 1980)). It is a trial court's obligation to "inquire of a defendant whether he wishes to waive his right not to appear in prison clothes." Chess, 617 P.2d at 345. Harrison appeared at his trial in identifiable prison clothing. The trial court did not inquire whether Harrison waived his right to appear in civilian clothing. The trial court's failure to ask Harrison regarding a waiver of his right to appear in civilian clothes is manifest error.

    Accordingly, Harrison's conviction is reversed, and the matter is remanded to the trial court for a new trial.

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Russell W. Bench,

Associate Presiding Judge

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James Z. Davis, Judge

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Norman H. Jackson, Judge