Pierce

A jury convicted defendant Randy Dean Pierce of second degree murder (Pen. Code, § 187, subd. (a)) and the court sentenced him to prison for 15 years to life.

During closing arguments, counsel for the prosecution and for defendant spoke to the jury concerning the meaning of the phrase “an abiding conviction that the charge is true” as that phrase appears in CALCRIM No. 220, California’s instruction regarding proof beyond a reasonable doubt. Defendant contends that, through a combination of the court’s limitation on defendant’s argument and the argument of the prosecutor, the jury was misled as to the requirement of “permanen[cy]” as it relates to “an abiding conviction.” Because we find that there is no reasonable likelihood that the jury was *570 misled or otherwise did not have an adequate understanding of the prosecution’s burden of proof, we affirm the judgment.

Discussion

Proof Beyond a Reasonable Doubt

Given the issues involved in this appeal, it is unnecessary to detail the facts. Suffice it to say that defendant was convicted of murder after he ran over his supposed friend with a truck. At trial, the following exchange took place during defendant’s closing…

I concur in the result.

During closing arguments in this matter, counsel for the prosecution and for defendant spoke to the jury concerning their views on the meaning of the phrase “an abiding conviction that the charge is true” as that phrase appears in CALCRIM No. 220, California’s instruction regarding proof beyond a reasonable doubt. Defendant contends that, through a combination of the court’s limitation on defendant’s argument and the argument of the prosecutor, the jury was misled as to the requirement of “permanen[cy]” as it relates to “an abiding conviction.”

Specifically, the following exchange took place during defendant’s closing argument:

Then, during rebuttal, the prosecutor said: “Defense counsel talked about the instruction for beyond a reasonable doubt, and I want to read that one to you. She said you have to be comfortable with it tomorrow, think about it tomorrow, and that’s when I objected about misstating the law. Listen for anything about tomorrow, the future, next week, or even ten minutes after your verdict in this instruction, because you’re not going to hear it.”

The prosecutor then read from the reasonable doubt instruction, Judicial Council of…

A jury convicted defendant Randy Dean Pierce of second degree murder (Pen. Code, § 187, subd. (a)) and the court sentenced him to prison for 15 years to life.

During closing arguments, counsel for the prosecution and for defendant spoke to the jury concerning the meaning of the phrase "an abiding conviction that the charge is true" as that phrase appears in CALCRIM No. 220, California's instruction regarding proof beyond a reasonable doubt. Defendant contends that, through a combination of the court's limitation on defendant's argument and the argument of the prosecutor, the jury was misled as to the requirement of "permanen[cy]" as it relates to "an abiding conviction." Because we find that there is no reasonable likelihood that the jury was misled or otherwise did not have an adequate understanding of the prosecution's burden of proof, we affirm the judgment.

Given the issues involved in this appeal, it is unnecessary to detail the facts. Suffice it to say that defendant was convicted of murder after he ran over his supposed friend with a truck. At trial, the following exchange took place during defendant's closing argument:

"[Defense counsel]: And beyond a…