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Estrada v. State

The defendant waived his right to be present when the trial answered the jury's questions in his absence.

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Hugo Estrada was indicted for one count of armed robbery. After a jury trial, Estrada was convicted of the lesser-included offense of robbery. Estrada now appeals the conviction. He argues that he had a right under the Georgia constitution to be present during a particular interaction between the trial court and the jury and that the violation of this right warrants a reversal of his conviction. We find that Estrada waived this issue and therefore affirm.

After the closing arguments in Estrada’s jury trial, the trial court instructed the jury on, among other things, the need for unanimity and the option of convicting Estrada of robbery as a lesser-included offense of armed robbery. An hour and forty-five minutes after beginning deliberations, the jurors sent written questions to the court. The court, the prosecutor, and defense counsel entered the jury room to respond. Although the communication was not transcribed, afterwards the trial court made a record of what had occurred. According to the trial court, the court

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