People v. Wytcherly

on rehearing

Before: Sullivan, P.J., and Mackenzie and G. Schnelz, * JJ. G. Schnelz, J.

We have granted the people’s motion for rehearing of our decision set forth at 172 Mich App 213; 431 NW2d 463 (1988), in order to reconsider whether the trial judge made improper ex parte communications to the jury under People v Cain, 409 Mich 858; 294 NW2d 692 (1980), rev’g 94 Mich App 644; 288 NW2d 465 (1980).

On rehearing, we find that defense counsel and the prosecutor were present when the trial judge communicated with the jury during its deliberations. Moreover, the trial judge discussed the contents…