California, United States of America
The following excerpt is from People v. Alamilla, E065659 (Cal. App. 2017):
3. Defendant does not argue that a unanimity instruction was required to ensure that the jury unanimously agreed on whether one or both slaps occurred. Given the fact that he offered the same defense (he did not do it) to both acts constituting the charged offense, no unanimity instruction was necessary. (People v. Jennings (2010) 50 Cal.4th 616, 679 ["no need for a unanimity instruction if the defendant offers the same defense or defenses to the various acts constituting the charged crime"].)
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