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Name: People v. Rhoades
Case #: C027664
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/20/2001
Subsequent History: Rev. denied 2/13/02.

During jury deliberations, jurors asked for a readback of certain testimony previously received in evidence. Defense counsel, the prosecutor, and the court agreed that the court reporter could read the testimony to the jurors in the jury room without the presence of the judge, defendant, or counsel. On appeal, appellant argued that Penal Code section 1138.5, which authorizes this procedure, is unconstitutional. The appellate court here affirmed. The claim of error was waived since defense counsel agreed to it. Further, the readback of testimony is not a critical stage of the proceeding. Due process does not require the judge to be present for a readback of testimony previously received into evidence.