Manning

Defendant was convicted in a nonjury trial of the crime of assault with a deadly weapon. He was found not guilty of a count of false imprisonment. We affirm the conviction.

The prosecution produced evidence that defendant assaulted an elementary school teacher on the school grounds by striking her in the head with a rock which he held in his hand. The injury required suturing and emergency hospital treatment.

Defendant first accosted the victim in the classroom and, after forcibly detaining her there for a period of time, dragged her outside the building where the assault took place.

Defendant offered no evidence, On appeal his only contention is that his trial counsel was not permitted to present a final argument to the court prior to the decision finding him guilty of the crime of assault with a deadly weapon.

The source of defendant’s contention lies in the following passage from the reporter’s transcript.

A corollary to the constitutional right to be represented by counsel is the right of counsel to present argument to the court or jury in an attempt to persuade the fact finder of the defendant’s innocence. (People v. Green (1893) 99 Cal. 564 [ 34 P. 231 ];…