State v. Robin

HAYS, Justice.

Robert Gonzales Robin was found guilty of first degree murder and was sentenced to life imprisonment. He now appeals and we have jurisdiction pursuant to Article 2, § 24 and Article 6, § 5 of the Arizona Constitution and A.R.S. § 12-120.21.

We need only discuss one issue presented on appeal: whether it was error for the trial judge to have communicated with the jury in the absence of the defendant and counsel. We find that it was.

The jury sent the judge questions which dealt with issues of fact and the judge answered from his notes and his recollection of the relevant testimony.…