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State v. Trevor Chief Bear11/9/2004
ot take advantage of an alleged error which the defendant invited the trial court to commit. This error, too, is without merit.
It should be noted as well that contrary to the court's statement to the jury that the jury would hear "any testimony that dealt with the starting of the vehicle," the court actually failed to locate and read back that section of the defendant's testimony where he stated that he first saw Dave use the screwdriver to start the vehicle outside the defendant's residence. This statement is in direct conflict with the defendant's statement that he did not realize that the vehicle was stolen until he was at the liquor store. It could be argued, therefore, that the defendant not only was not unfairly prejudiced by the court's decision to read back a portion of his testimony, but that he actually benefited because the jury was led to believe that he had not in fact contradicted himself.
CONCLUSION
Finding no merit to the defendant's assigned errors, we hereby affirm the judgments and convictions of the district court.
Affirmed.
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