Does a jury need to unanimously agree on a charge of torture, torture, taking a car and taking a wallet?

California, United States of America

The following excerpt is from People v. DuBose, 169 Cal.Rptr.3d 599 (Cal. App. 2014):

Given that there was a single murder charge and the special circumstances involved separate acts, torture, taking a car, and taking a wallet, it does not appear a unanimity instruction needed to be given, since "the jury need not unanimously agree on the precise factual details of how a killing under one or the other theory occurred in order to convict defendant of first degree murder. [Citation.]" ( People v. Jenkins, supra, 22 Cal.4th at p. 1025, 95 Cal.Rptr.2d 377, 997 P.2d 1044.) In other words, since there was only one murder and distinct crimes composed the special circumstance allegations, there was no requirement

[169 Cal.Rptr.3d 610]

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