California, United States of America
The following excerpt is from People v. Medrano, F068714, F069260 (Cal. App. 2016):
An example of the defendant offering the same defense to various acts constituting the same crime occurred where a defendant robbed two victims of motel receipts simultaneously. The prosecution charged one count of robbery when it could have charged two. There was no evidence indicating the defendant could have committed one robbery and not the other, and the defendant failed to offer different defenses to the allegedly different acts. Under such circumstances, the prosecutor did not have to make an election as to which act constituted the charged offense, and the unanimity instruction was not necessary. (People v. Carrera (1989) 49 Cal.3d 291, 311-312.)
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