What is the test for a jury to agree on unanimity in a case involving a broken window?

The People urge us to apply the principle under which the failure to instruct on unanimity is harmless where the acts are so closely related in time and place that a jury could not reasonably have distinguished among them and therefore must have believed or rejected the evidence in toto, or there was only a single defense offered; we agree with defendant that this principle does not apply here where different witnesses testified about different acts. (People v. Melendez (1990) 224 Cal.App.3d 1420, 1430-1431.) The jury had at least three different conflicts to resolve: whether to credit defendant's explanation for the broken window or the prosecution's circumstantial alternative; whether to believe the passenger's original account or his testimony at trial; and which of the actions the passenger attributed to defendant to acceptpointing the gun at him, pointing the gun at the rear window, or pointing the gun outside the car.