If a jury is inadvertently given and considers extraneous evidence, can the error be reversible?

California, United States of America


The following excerpt is from People v. Mason, D064039 (Cal. App. 2015):

If a jury is inadvertently given and considers extraneous evidence, the incident is not considered to be jury misconduct. (See, e.g., People v. Cooper (1991) 53 Cal.3d 771, 836 [a transcript not in evidence was mistakenly sent to the jury room].) In such a case no presumption of prejudice arises. "Such error is reversible only if it is reasonably probable that a result more favorable to the defendant would have been reached in the absence of the error." (Ibid.)

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