This is an appeal by the People (Pen. Code, § 1238, subd. (a)(3)) from an order granting the defendant's motion for a new trial on grounds of jury misconduct. (Pen. Code, § 1181, subd. 3.) The narrow issue before us is whether the mere presence of a court reporter in the jury room during a portion of the jury's deliberations constitutes reversible error per se under either the federal or state Constitutions...
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