People v. Dagnino

SIMS, J.*

I respectfully dissent.

The minutes reflect, “... In open court, with the jury, counsel and the defendants present, the Court instructs the juiy, the Bailiff is sworn and at 11:35 AM the jury retires for deliberations. At 12:40 the juiy recesses for lunch returning to deliberations at 1:57 PM. In open court, with counsel and the defendants present, a discussion ensues in re: communications received by the Court from the jury. Mr. Stephens and Mr. Sieff object to the manner in which the Court handled the communications from the juiy. At 5:05 PM the juiy returns to the Court with the…