Barefoot in Athens

At the end of the guilt phase of the trial, when Socrates has been found guilty, the second phase of the trial begins, where he is to propose a penalty. He does so, and the "judge" says to him that if that penalty is put to the jury it will be rejected, does he insist on putting the matter to the jury? Socrates answers "No" but the proposal is put to the jury and Socrates is condemned to death. Surely Socrates' answer to the judge's question should have been "Yes."