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Name: People v. McCoy
Case #: F045249
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/27/2005

Appellant was found guilty of one count of exhibiting harmful matter to a minor and four counts of lewd and lascivious acts on a child under 14. During deliberations, the jury asked for a readback of a victim’s testimony about watching videos and viewing photos on the computer. The court ordered the readback in the jury room. Appellant objected, asking that the readback be in open court so that a record could be made and so he could hear what was being read and make objections or ask for additions. The court overruled the objection. The appellate court found no error. On a record not only showing that the court carefully admonished the jury before the readback, and failing to show that appellant’s or his attorney’s presence during readback would have assisted the defense, there was no constitutional error. Appellant also challenged the constitutionality of CALJIC 2.20.1, concerning a child witness’s credibility. The appellate court rejected the challenge, relying on the holdings in Harlan, Jones, and Gilbert.