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SUPREME COURT OF LOUISIANA No. 98-K-2605 STATE OF LOUISIANA v. RICHARD HAMPTON On Writ of Certiorari to the Fifth Circuit Court of Appeal

PER CURIAM:* Although unable to determine what his presence "could have added," State v. Hampton, 98-105, pp. 2-3 (La. App. 5th Cir. 7/28/98), 716 So.2d 484, 485, the court of appeal reversed the defendant's conviction and sentence for felony theft in violation of La.R.S. 14:67(B)(2) on grounds that, over the objection of defense counsel, the trial court had excluded defendant from a meeting in chambers during which a juror expressed anxiety over the possibility that "like if he gets [found] guilty, him knowing my name, he might come after me, or get somebody to come, you know." After a colloquy in which defense counsel fully

participated, the trial court allayed the juror's fears, which she admitted were based on nothing more than general uneasiness and not on any specific conduct by the defendant or anyone associated with him, and retained her on the panel over defense objection. The court of appeal felt compelled to reverse because

under Louisiana law, "the defendant and his counsel should be present at all proceedings." 485. The court of appeal erred. La.C.Cr.P. art. 831(3) provides Hampton, 98-0105 at 3, 716 So.2d at

that a defendant charged with a felony shall be present at the Calogero, C.J., not on panel. II,

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