Santos

After reaching a verdict in a robbery-murder prosecution involving criminal street gang and firearm use allegations, the jury informed the court clerk of its desire to leave the courtroom without speaking to anyone. The trial court accommodated the jury’s request once the verdict was read and recorded, allowing the jury to exit through a private corridor, leaving the jurors unavailable to speak to the parties. The defense was not made aware of the jury’s request before the jury departed.

In this timely appeal, defendant and appellant Patrick James Santos, Jr., makes the following arguments: (1) he and defense counsel were absent at a critical stage of the proceedings when the trial court arranged for the jury to secretly leave the building after the verdict was rendered, violating his constitutional right to due process of law; (2) Code of Civil Procedure section 237, as applied in this action, violates substantive due process by depriving defendant of an impartial jury; and (3) imposition of the $20 security fee violates the prohibition against ex post facto application of laws and the rule presuming that statutes operate prospectively.

We reject defendant’s due…