THE PEOPLE, Plaintiff and Respondent,
v.
AL G. MARCROFT, Defendant and Appellant.
Court of Appeals of California, Appellate Department, Superior Court, Orange.https://leagle.com/images/logo.png
April 16, 1992
April 16, 1992
Attorney(s) appearing for the Case
COUNSEL
Al G. Marcroft, in pro. per., for Defendant and Appellant.
Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, John D. Conley, Assistant District Attorney, Kathleen M. Harper and Donald Clarence, Deputy District Attorneys, for Plaintiff and Respondent.
Court of Appeals of California, Appellate Department, Superior Court, Orange.
OPINION
RYLAARSDAM, P.J.
(1a) We hold that a trial court may not, as an aid to settling a statement on appeal, engage in ex parte communications with a witness. A posttrial, off-the-record ex parte request that a witness restate his or her version of the facts in a memorandum to the court is clearly improper and must be disapproved. We find that a settled statement certified subsequent to the court's receipt of such a...
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