Is a jury's failure to give unanimity instruction in a sexual assault case harmless?

California, United States of America


The following excerpt is from People v. Garrett, D069745 (Cal. App. 2017):

Here, defendant's primary defense to counts 3 and 4 was he lacked the requisite sexual intent, which the jury clearly rejected, as was its right as trier of fact.6 (See People v. Wolfe (2003) 114 Cal.App.4th 177, 188 [noting failure to give unanimity instruction was harmless where jury rejected the defendant's single defense to all instances of firearm possession].) The failure to give a unanimity instruction in the instant case was therefore harmless.

The judgment of conviction is affirmed.

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