Is a jury's failure to give the unanimity instruction in a shooting case harmless?

California, United States of America


The following excerpt is from People v. Lemmons, E057076 (Cal. App. 2014):

"Where the record indicates the jury resolved the basic credibility dispute against the defendant and therefore would have convicted him of any of the various offenses shown by the evidence, the failure to give the unanimity instruction is harmless." (People v. Curry (2007) 158 Cal.App.4th 766, 783.) The only dispute in this case was whether defendant intended to kill Rivera when he fired at him. The jury did not find defendant to be credible. Any error in not giving a unanimity instruction is harmless beyond a reasonable doubt.

There was no Pitchess error, instructional error, or prejudice. We affirm the judgment.

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