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Name: People v. Montaque
Case #: B149225
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/05/2002
Subsequent History: Rev. denied, opinion withdrawn 5/1/02.
Summary

It is error for the trial court to fail to sua sponte inform the jury of its right to request read back of testimony (usually in the form of CALJIC Nos. 1.05 and 17.43). However, here the error was harmless where defendant confessed and there was other corroborating evidence.