What is the legal test for unanimity in cases where the evidence suggests that a defendant committed more than one discrete crime?

California, United States of America


The following excerpt is from People v. G'Acha, A139755 (Cal. App. 2015):

"It is established that some assurance of unanimity is required where the evidence shows that the defendant has committed two or more similar acts, each of which is a separately chargeable offense, but the information charges fewer than the evidence shows." (People v. Sutherland (1993) 17 Cal.App.4th 602, 611-612.) When the evidence suggests more than one discrete crime, the prosecution must either elect among the crimes which crime to prosecute, or the court must require the jury to agree on the same criminal act. (People v. Russo (2001) 25 Cal.4th 1124, 1132.) The unanimity requirement is intended to eliminate the danger that the defendant will be convicted even though there is no single offense which all the jurors agree he committed. (Ibid.)

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