In Vomaska v. City of San Diego (1997) 55 Cal. App. 4th 905, at the end of the trial the jurors took a straw vote, which revealed 10 jurors were in agreement; only 9 were needed to return a verdict. The jury decided to render their verdict rather than discuss the issue further. The court noted "this procedure is a type of 'deliberations,' in that each juror--having considered the evidence and arguments independently--is setting forth his or her opinion, albeit without accompanying reasons or explanations." (Ibid.) The court then explained if the jury chooses to discuss the case, "each juror must have the opportunity to participate equally in all discussions in order to satisfy the constitutional right to trial by jury." (Ibid.) Like Code of Civil Procedure section 613, Penal Code section 1128 permits a jury to decide a case in the courtroom without retiring.