What is the test for an application to settle the record of a defendant's claim that he was handcuffed in the courtroom?

California, United States of America

The following excerpt is from People v. Rich, 248 Cal.Rptr. 510, 45 Cal.3d 1036, 755 P.2d 960 (Cal. 1988):

9 On this and the following "shackling" issue, we granted defendant's application to settle the record, and we have incorporated that settled statement into the record on appeal. (See People v. Gzikowski (1982) 32 Cal.3d 580, 584-585, fn. 2, 186 Cal.Rptr. 339, 651 P.2d 1145; Cal.Rules of Court, rules 7(d), 12 & 36(a).)

10 See footnote 9, ante.

11 As explained below, the record does not support defendant's claim that he was handcuffed while in the courtroom.
12 A videotape is a "writing" within the meaning of Evidence Code section 250. (People v. Moran (1974) 39 Cal.App.3d 398, 406-411, 114 Cal.Rptr. 413.)

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