California, United States of America
The following excerpt is from People v. Spencer, G053033 (Cal. App. 2017):
question is set forth in the minutes, and the minutes immediately thereafter state that counsel was notified." We agree. Although neither the reporter's transcript nor the minute order reflects any discussion of the jury's question, we presume the court performed its duty under section 1138 and gave its response "in the presence of, or after notice to, the prosecuting attorney, and the defendant or his counsel, or after they have been called." (People v. Sangani (1994) 22 Cal.App.4th 1120, 1138; see Evid. Code, 664.)
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