People v. Herrera CA1/3

Filed 9/29/14 P. v. Herrera CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A140458

v. MICHAEL ANTHONY HERRERA, (Alameda County Super. Ct. No. CH53143) Defendant and Appellant.

Defendant Michael Anthony Herrera appeals the judgment imposed after a jury returned a guilty verdict on one count of forcible rape in violation of Penal Code section 261, subdivision (a)(2). Defendant raises a single issue on appeal: the trial court denied his federal constitutional right to be present at all critical stages of the trial by allowing testimony to be read back to the jury without defendant or his counsel present. We affirm the judgment for the reasons set forth below.

FACTUAL AND PROCEDURAL BACKGROUND

On the night…