What is the test for a defendant to complain on appeal against the presence of an alternate juror in the jury room during deliberations?
California, United States of America
The following excerpt is from People v. Singh, C075295 (Cal. App. 2018):
detrimental to a defendant's right of trial by jury and . . . defense counsel may stipulate to such procedure." (People v. Valles (1979) 24 Cal.3d 121, 125.) "[A] defendant may not complain on appeal of the presence of an alternate juror in the jury room during deliberations when his counsel stipulates to the procedure." (Id. at p. 127.)
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