State v. Benford

OPINION

BIRDSALL, Judge.

Appellant was convicted of theft of property with a value of more than $100 with two prior felony convictions. He was sentenced to the presumptive term of imprisonment of 10 years and given credit for time served.

The sole issue on appeal is whether a communication between the judge and the jury, after it retired to deliberate, was reversible error. We hold that it was not.

Appellant was charged with stealing 15 pairs of leather work gloves from a hard ware store. The jury retired to deliberate at 10:30 a. m. At approximately 2:28 p. m. the same day, the jury sent a note…