California Court of Appeal

Penal Code section 1138.5, which provides that the trial judge need not be present while testimony previously received in evidence is read to the jurors, upon their request, after deliberations have begun, does not violate a criminal defendant's right to due process.

Appellate Information

• Decided 11/20/2001
• Published 11/20/2001

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Matthew H. Wilson, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant., Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Senior Assistant Attorney General, Stan Cross and Carlos A. Martinez, Supervising Deputy Attorneys General, Alison Elle Aleman, Deputy Attorney General, for Plaintiff and Respondent.