Does a defendant have a waiver of his right to be present at a readback?
California, United States of America
The following excerpt is from People v. Cole, H046569 (Cal. App. 2021):
Defendant also argues that his statutory rights under section 977 were violated by his absence from the readback because he did not execute a written waiver of his right to be present. Even assuming error, it would be " 'statutory only and thus "reversible only if it is reasonably probable the result would have been more favorable to defendant absent the error." ' " (People v. Avila (2006) 38 Cal.4th 491, 598.)
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