Can a jury foreman be found guilty of misconduct for refusing to accept a juror's request for a rereading of certain testimony?

Appellant contends that the jury foreman was guilty of misconduct because he refused to honor a juror's request for a rereading of certain testimony. The premise to this contention is that an individual juror has a right to such readback. Section 1138, in pertinent part, provides: After the jury have retired for deliberation, if there be any disagreement between them as to the testimony ..., they must require the officer to conduct them into court. Upon being brought into court, the information required must be given.... The plain and unambiguous language of the statute refers to the jury, not an individual juror. (See also People v. Jenkins ( 2000) 22 Cal.4th 900, 1027, 95 Cal.Rptr.2d 377, 997 P.2d 1044.) Here, the other 11 jurors did not want a readback. ³

[214 Cal.App.4th 1042]