California, United States of America
The following excerpt is from People v. Jennings, 114 Cal.Rptr.3d 133, 237 P.3d 474, 50 Cal.4th 616 (Cal. 2010):
We additionally note that defendant's right to be present during the discussion regarding the jury's question never was affirmatively asserted, nor was any objection posed to his absence. [T]he fact that counsel did not think defendant's presence was necessary strongly indicates that [his] presence did not, in fact, bear ... a substantial relation to the fullness of his opportunity to defend. ( People v. Cleveland (2004) 32 Cal.4th 704, 741, 11 Cal.Rptr.3d 236, 86 P.3d 302.) Moreover, before any response was provided to the jury, the jury's question and the proposed response were read in open court with defendant present, thus affording defendant ample opportunity to raise any issue or concern. (See Cole, supra, 33 Cal.4th at p. 1232, 17 Cal.Rptr.3d 532, 95 P.3d 811 [when defendant arrived during the in-court hearing, the court summarized that it was currently hearing a defense continuance motion and [p]resumably defendant could have given the court or counsel any information he had at that time].)
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