Does the Attorney General's "either/or" rule apply?

"The Attorney General apparently relies on the so-called 'either/or' rule which was recently stated as follows: 'Emerging from recent cases dealing with the problems arising when a crime is charged and the evidence describes several such acts, any one of which could constitute the crime charged, "is the so-called 'either/or' rule: ... either the prosecution must select the specific act relied upon to prove the charge or the jury must be instructed in the words of CALJIC No. 17.01 or 4.71.5 or their equivalent that it must unanimously agree beyond a reasonable doubt that defendant committed the same specific act. [Citations.]" [Citation.]' (People v. Callan (1985) 174 Cal.App.3d 1101, 1111, fn. omitted [220 Cal.Rptr. 339].)