Does the court have to instruct the jury as to its duty to agree unanimously on the same specific criminal acts?

California, United States of America


The following excerpt is from People v. Barajas, B226353 (Cal. App. 2012):

10. In People v. Deletto, the court held that no error was shown by the trial court's failure to instruct the jury as to its duty to agree unanimously on the same specific criminal acts, because "the jury's verdict implies that it did not believe the only defense offered" as to all the charged conduct, and the evidence "provided no basis upon which the jury could have distinguished between the two [criminal] acts," and "gave the jury no basis upon which to conclude that one [charged crime] had been committed while another had not." (147 Cal.App.3d at pp. 466-467.)

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