Does a jury have to unanimously agree that a misrepresentation was made to each victim?

Although defendant might have violated Corporations Code former section 25401 by making one or more misrepresentations to each victim, as explained in People v. Butler (2012) 212 Cal.App.4th 404, 426, a unanimity instruction was not required: "When the evidence 'shows only a single discrete crime but leaves room for disagreement as to exactly how that crime was committed or what the defendant's precise role was, the jury need not unanimously agree on the basis or, as the cases often put it, the "theory" whereby the defendant is guilty.' [Citation.] [] Here, the court did not err in failing to provide a unanimity instruction. Each of the [Corporations Code] section 25401 counts at issue on appeal alleged defendant sold one security on a specific date to a single victim. The jurors were not required to agree on the particular misrepresentations or omissions they relied on for the convictions because that finding merely relates to the manner of committing the crime." Accordingly, we find no error in the trial court's instructions to the jury.

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