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Name: People v. Baldine
Case #: C037704
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/20/2001
Subsequent History: Rev. denied 3/13/02.

The jury did not commit misconduct by turning on a police scanner and determining it worked well and there was nothing wrong with the battery. The defendant had testified that it would operate on just for a second, and that then it would turn off. Here the jury merely used the scanner according to its nature, and the usage was within the scope and purview of the evidence. Additionally, the jury’s actions did not deprive defendant of his right to confrontation.