finding a "technical violation" of section 894 by written communication was harmless error
How later courts described this case
- finding a "technical violation" of section 894 by written communication was harmless error
- although trial court's failure to call jury into open court constituted a technical violation of section 894, any error was harmless
Written by the judges who cited it.
The opinion
BRETT, Presiding Judge
(concurring in part and dissenting in part) •:
I concur that the evidence is sufficient to sustain the conviction, but I dissent to the use of the sixteen year old convictions to enhance punishment. Therefore, I would modify the sentence imposed.