Buckner v. State

Miller, Judge.

During its deliberations on a criminal matter, the jury asked for a copy of the trial transcript. After consulting with counsel but without the defendant present, the judge wrote the jury a note that no copy was available and that they should rely upon their memories as to the evidence. The first issue on appeal is whether the failure to conduct this part of the trial in the defendant’s presence was reversible error. The second issue is whether the court erred in concluding that it was required to impose the maximum sentence on a five-time felony recidivist. As we answer both…