ON MOTION FOR REHEARING
Supplemental Opinion — Rehearing Denied
HOWARD, Chief Judge.On rehearing affidavits have been filed with this court by the trial judge and by trial counsel for the state and defense. These affidavits state that the trial judge showed the jury’s questions to both counsel and the written answer was agreed to by defense counsel. Trial defense counsel in his affidavit stated that he informed appellate defense counsel of this fact but appellate defense counsel claims trial defense counsel is mistaken and that appellate defense counsel had no knowledge of what occurred below. Apparently no court reporter or clerk was present when these events took place.
The state asks us to consider the affidavits in order to correct the record pursuant to Rule 31.8(h), Rules of Criminal Procedure. The propriety of a motion to correct the record after issuance of the appellate court’s opinion was addressed by Division One of this court in State v. Esquer, 26 Ariz.App. 572, 550 P.2d 240 (1976) where under analogous circumstances, the motion to correct the record was held to be untimely. We agree with Division One.
We do not agree, however, with appellant’s contention that we erred in our original opinion.
The motion for rehearing is denied.
HATHAWAY and RICHMOND, JJ., concur.