Can a jury at a murder trial agree unanimously on a single theory of murder?

California, United States of America


The following excerpt is from People v. Castrillo, F076693 (Cal. App. 2019):

In People v. Guerra (1985) 40 Cal.3d 377, the defendant argued the trial court erroneously refused "to give an instruction requiring the jurors to agree unanimously on a single theory of first degree murder in order to return a first degree murder conviction. It is settled, however, that 'in a prosecution for first degree murder it is not necessary that all jurors agree on one or more of several theories proposed by the prosecution; it is sufficient that each juror is convinced beyond a reasonable doubt that the defendant is guilty of first degree murder as that offense is defined by the statute.' [Citation.] Defendant provides no compelling reason or authority that would require us to depart from this rule, and we decline to do so." (Id. at p. 386, italics added.)

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