Does the concept of unanimity apply to a defendant's motive for committing a crime or the theory underlying the crime?

California, United States of America


The following excerpt is from The People v. Schuster, F055692, No. F03904715-0 (Cal. App. 2011):

We are cited to no authority, and are aware of none, extending the concept of unanimity to a defendant's motive for committing a crime or the theory underlying the offense. As cogently explained in People v. Russo (2001) 25 Cal.4th 1124, 1134-1135 (Russo), "The key to deciding whether to give the unanimity instruction lies in considering its purpose. The jury must agree on a 'particular crime' [citation]; it would be unacceptable if some jurors believed the defendant guilty of one crime and other jurors believed her guilty of another. But unanimity as to exactly how the crime was committed is not required. Thus, the unanimity instruction is appropriate 'when conviction on a single count could be based on two or more discrete criminal events, ' but not 'where multiple theories or acts may form the basis of a guilty verdict on one discrete criminal event.' [Citation.] In deciding whether to give the instruction, the trial court must ask whether (1) there is a risk the jury may divide on two discrete crimes and not agree on any particular crime, or (2) the evidence merely presents the possibility the jury may divide, or be uncertain, as to the exact way the defendant is guilty of a single discrete crime. In the first situation, but not the second, it should give the unanimity instruction."

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