What is the test for a judge to refuse a unanimous instruction?

California, United States of America


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

the judge to refuse a unanimity instruction in the first instance and to disregard his sua sponte duty thereafter." (People v. Melhado, supra, 60 Cal.App.4th at p. 1536.)

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