Does a jury need to agree on the theory of guilt?

A criminal defendant has a constitutional right to a unanimous verdict that the defendant is guilty of a specific crime. (People v. Russo (2001) 25 Cal.4th 1124, 1131.) Where the evidence shows a single discrete crime but leaves room for disagreement as to how that crime was committed or what was the defendant's role, the jury need not unanimously agree on the theory of guilt. (Id. at p. 1132.) Simply put, the theory of guilt does not require unanimity but what crime was committed does. Accordingly, jurors were instructed with CALCRIM No. 548 that they could not find White guilty of murder unless they agreed he committed murder under one of two theories, i.e., malice aforethought or felony murder. CALCRIM No. 548 further told the jury it did not need to agree on the theory but had to unanimously agree on the degree of murder.