In People v. Gloria (1975) 47 Cal.App.3d 1, the court held a court reporter has a duty to make phonographic notes of "what the judge says when he instructs the jury so an accurate transcript of the instructions as presented to the jury will be preserved for any appeal." (Id. at p. 6.) But the court also held that the "normal reporter's transcript" is not required to include the written instructions as given orally. (Ibid.) The court explained: "It would only be in those cases where the appellant contends the written instructions copied by the clerk deviate from the instructions orally delivered to the jury that the appellant, either by objections to the transcripts below or by motion to augment the record on appeal , may seek a transcript of the instructions as orally presented to the jury." (Ibid.) A defendant must show that the absence of a record of the oral instructions prejudiced his ability to prosecute his appeal.