What is the test for determining whether a jury has to agree unanimously on which act of shooting constituted an assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Jenkins, 196 Cal.App.3d 394, 241 Cal.Rptr. 827 (Cal. App. 1987):
Appellant next contends that the trial court should have instructed the jurors that they had to agree unanimously on which act of shooting constituted the assault with a deadly weapon. Assuming arguendo that such an instruction should have been given, there was no possible prejudice. The jurors had to decide whether appellant fired both shots, or neither shot. There was no rational basis for distinguishing between the two shots. (See People v. Deletto (1983) 147 Cal.App.3d 458, 473, 195 Cal.Rptr. 233.)
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