Does a jury need to agree unanimously on a charge of inflicting corporal injury on a cohabitant?
California, United States of America
The following excerpt is from People v. Walker, E074784 (Cal. App. 2021):
Because the prosecutor's closing argument made it clear that he had elected the home incident to support the inflicting corporal injury on a cohabitant charge, the trial court was not required to instruct the jury sua sponte on the need for unanimity as to that count. (See People v. Mayer (2003) 108 Cal.App.4th 403, 418-419.)
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The judgment is affirmed.
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