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PEOPLE v. GARCIA

No. S124003.

31 Cal.Rptr.3d 541 (2005)

36 Cal.4th 777

115 P.3d 1191

The PEOPLE, Plaintiff and Respondent, v. Roy Lopez GARCIA, Defendant and Appellant.

Supreme Court of California.

July 28, 2005.

Attorney(s) appearing for the Case

Riordan & Horgan, Dennis P. Riordan, Donald M. Horgan, San Francisco, CA, and Dylan L. Schaffer for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, Laurence K. Sullivan, Eric D. Share and John H. Deist, Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

It has been established under California law for more than a century that when a trial court authorizes a jury to view the scene of an alleged crime during a criminal trial, the defendant and his or her counsel have a right to be present during the jury view. (People v. Bush (1886) 68 Cal. 623, 631-634, 10 P. 169.) The issue presented by this case is whether, when a jury has visited the crime scene during the presentation of evidence at trial and...

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