[U] State v. Bowers

JUDGES: H Joseph Coleman Mary Kay Becker Ronald Cox UNPUBLISHED OPINION Gary Bowers was convicted of attempted first degree murder. Before jury deliberations, Bowers' counsel and the prosecutor agreed that the jurors could listen to tape recordings in evidence upon request without the presence of counsel. The jury asked to listen to the tapes, and the court played them for the jury outside the presence of Bowers and his counsel. Bowers appeals and argues that the court violated his constitutional right to be present at all critical stages of his proceeding. We affirm without reaching the issue of waiver, as Bowers does not contend that the alleged error by the court caused him harm. FACTS