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PG IX(B) Record of Supplemental Instructions.
Just as the trial court is required to make a record of the original instructions given to the jury before it retires to deliberate, so too is the court required to make a record of any supplemental instruction proceedings and supplemental instructions given to the jury during deliberations. (People v. Woppner (1859) 14 C 437, 437-38; People v. Mack (31) 115 CA 588, 591 [2 P2d 209].)
The lack of any record indicating any action taken in response to a jury inquiry regarding the instructions prohibits the Court of Appeal from assuming the proceedings were conducted in accordance with the law and requires reversal. (See People v. Gonzales UNPUBLISHED (1993, A057064) [A copy of the Gonzales opinion is available to FORECITE subscribers. Ask for Opinion Bank # O-176.]