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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.