When will the court allow a jury to rehear counsel's argument?

The trial court did not abuse its discretion. The rehearing of evidence is governed by section 1138.³⁰ That section "gives a deliberating jury the right to rehear evidence and instruction on request, but does not extend to argument of counsel." (People v. Pride, supra, 3 Cal.4th at p. 266, 10 Cal.Rptr.2d 636, 833 P.2d 643.) Moreover, because the jury was interested in a portion of defense counsel's argument that arguably misstated the law, the court was well within its discretion to decline the request for a read back irrespective of section 1138.

Defendant responds that because he has a state and federal constitutional right to present closing argument to the jury (Herring v. New York (1975) 422 U.S. 853, 864-865, 95 S.Ct. 2550, 45 L.Ed.2d 593 [federal right]; People v. Bonin (1988) 46 Cal.3d 659, 694, 250 Cal.Rptr. 687, 758 P.2d 1217 [state right]), he has a corollary right to have his jury rehear such argument if it so requests. He suggests that the trial court's failure to permit the jury to rehear counsel's argument violated the Sixth Amendment to the United States Constitution and requires automatic reversal. Because defense counsel was able to make a full closing argument before the jury, defendant's ability to have counsel participate fully and fairly in the factfinding process was not significantly diminished. (People v. Bonin, supra, at p. 695, 250 Cal.Rptr. 687, 758 P.2d 1217.) Accordingly, we find no error, and no coercion of the

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jury, flowing from the trial court's decision not to allow a readback of counsel's argument.

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