Does the trial court make a remark that it does not believe the evidence would show self-defense or retaliation against abuse be proper under the foregoing standard?

The trial court's single remark that it did not believe the evidence would show self-defense or retaliation against abuse was proper under the foregoing standard. The remark was accurate and did not distort the record. By convicting defendant of murder, the jury at the guilt phase had determined that the evidence did not establish self-defense. The remark was temperate, nonargumentative, and scrupulously fair. The court stated what it thought the evidence would demonstrate, but asked whether the juror could "listen to the evidence" and base his verdict "upon what the evidence showed." The court did not withdraw material evidence from the jury's consideration, expressly or impliedly direct a verdict, or otherwise usurp the jury's ultimate factfinding power. To the contrary, the court concluded by posing the question: "So you could vote either way depending upon the evidence which you would hear or see in this courtroom?" Furthermore, the court clearly was attempting to protect defendant's rights by determining whether the juror could vote for either penalty, depending upon the facts to be presented. The court's isolated remark, made during jury selection and prior to the receipt of any evidence by the second jury, was not error. (Cf. People v. Flores (1971) 17 Cal.App.3d 579, 588, 95 Cal.Rptr. 138.)