Can a prosecutor make an election in a criminal threat case where there is only one threat?

California, United States of America


The following excerpt is from People v. JAMES, C060741, No. 08F04105 (Cal. App. 2010):

People v. Jantz (2006) 137 Cal.App.4th 1283 held a unanimity instruction was not required for a section 422 criminal threats offense where the prosecutor made an election in closing argument. Even though the prosecutor in that murder case talked about "threats" in the plural during closing argument, the specific argument about section 422 referred to a singular threat. (Id. at p. 1292.) Here too, the prosecutor adequately elected the threat to kill, and there was only one threat to kill.

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