Can a jury at a sexual assault trial agree that one charged act and another charged act is the same?

People v. Meyer (1988) 197 Cal.App.3d 1307, 243 Cal.Rptr. 533 involved one charged act and testimony about two separate occasions, a couple of weeks apart, during which the defendant was alleged to have committed the same type of act. The court reasoned that a unanimity instruction was unnecessary unless there was evidence based upon which reasonable jurors could disagree as to which act the defendant committed. The court concluded that since the evidence consisted of the victim's testimony, and her statements were the same concerning the two acts, "no evidence was presented that would have caused disagreement among the jurors as to which act the defendant had committed." (Id., at p. 1312, 243 Cal.Rptr. 533.)