State v. Demone Alexander

*349SHIRLEY S. ABRAHAMSON, C.J.

¶ 34. {concurring). I agree with and join Justice Crooks' concurrence.

¶ 35. I write separately to address the majority opinion's misreading of Wis. Stat. § (Rule) 971.04(l)(c), majority op., ¶¶ 5, 19, 38, 40, and to explain that Wis. Stat. § (Rule) 971.04(l)(c) has to be read to give a defendant the right to be present "when the jury is being selected." Here is why.

¶ 36. Wisconsin Stat. § 971.04(l)(c) was created by the legislature.1 When created, Wis. Stat. § 971.04(l)(c) read as follows:

971.04 Defendant to be present. (1) Except as provided in subs. (2) and (3),…