In People v. Johnson (1993) 6 Cal.4th 1, disapproved on other grounds in People v. Rogers (2006) 39 Cal.4th 826, 879, the defendant claimed on appeal there was no evidence the juror had actually been sleeping. The California Supreme Court rejected this claim, holding: "There was ample evidence indicating that on one or more occasions the juror had actually fallen asleep during trial. The court, its two deputies, and the prosecutor each stated on the record that they had observed defendant exhibiting various physical indicia of sleep, including eye closures, head nodding, and slumping in his chair." (Johnson, at p. 21.)