California, United States of America
The following excerpt is from The PEOPLE V. ADAMSON, G042000, No. 08WF2620 (Cal. App. 2010):
Defendant asserts "[t]he issue is whether [he] had the intent to steal when entering the garage, or if it was formed later after he found expensive items in the garage." But even if, as he claims, some jurors believed he formed the intent to steal before he entered the garage, and others believed that he formed that intent after he entered the garage but before he entered the home, the garage was attached to the home and thus every juror necessarily believed that defendant entered the home with the intent to steal. Accordingly, there is no risk whatsoever that "the jury may [have] divide[d] on two discrete crimes and not agree[d] on any particular crime" (People v. Russo, supra, 25 Cal.4th at p. 1135), and the court did not err in not giving a unanimity instruction.
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