What is the test for a jury to convict a defendant of an unlawful act?

A defendant is entitled to a determination of guilt by a unanimous jury on proof beyond a reasonable doubt. (People v. Coelho (2001) 89 Cal.App.4th 861, 874-875.) Accordingly, where the prosecutor presents evidence of more than one unlawful act for a given charge, the jury must unanimously agree on the particular unlawful act that forms the basis for each conviction. (Id. at p. 875.) In sentencing, the trial court must rely on the same factual basis that the jury relied on to convict the defendant on that particular count. (Id. at p. 876.) Where it is unclear which act applies to which conviction, the trial court must give the defendant the benefit of a reasonable doubt. (Id. at p. 885.)