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Andrews v. State

The defendant did not meet his burden of showing that the trial court erred in placing a jury question on the record outside of counsels' presence, since the trial transcript did not show whether counsel were present when the question was made part of the record, the state asserted that both counsel were present and the new trial hearing on issue was not recorded.

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James Rondy Andrews appeals from his conviction for possession of methamphetamine. In his sole enumeration of error, he asserts that the trial court erred by failing to inform him and his counsel about a question submitted by one or more members of the jury after the close of evidence. We affirm, because Andrews has failed to meet his burden of demonstrating error based upon the record before us. The record shows that after the jury left the courtroom to deliberate, the trial court instructed counsel to “assemble the evidence and certify to the Court that the evidence turned over to the bailiff is all duly admitted . . .” The trial transcript then states:THE COURT: . . . All right. The jury is starting to deliberate at five minutes after 4:00. 4:05.Whereupon, a brief break was taken.THE COURT: I don’t know the source of this. It was handed to me just as the jury was walking out, which is obviously too late to give anybody a consideration. But it is a question. I will simply make it a part of the record. We don’t have a C-1 here, do weCOURT REPORTER: No, sir.Whereupon, Court’s Exhibit No. 1 was marked for identification.Whereupon, a brief break was taken. Exhibit C-1 is a handwritten note that states, “Why were they out at 3:00″

Following his conviction, Andrews filed a motion for new trial in which he asserted the trial court “committed an error of law warranting a new trial.” The trial court held a hearing and denied the motion for new trial in a one-sentence order that did not include an explanation of the judge’s reasoning. The record before us does not include a transcript of the motion for new trial hearing, and communication with the superior court clerk’s office has confirmed that the motion for new trial hearing was not taken down by a court reporter.

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