What is the test for overturning a conviction of second degree murder?

Appellants rely on People v. Dellinger (1984) 163 Cal.App.3d 284, 301, in which the appellate court concluded that one basis, among several, to reverse a judgment of conviction on second degree murder was the trial court's failure to give a unanimity instruction. The appellant court recognized that "[m]ost of the reported cases involving multiple criminal acts by a defendant [in which courts have held a unanimity instruction was required] also involve potential multiple offenses. [Citation.]" (Ibid.) Nevertheless, without citing authority, the appellate court held a unanimity instruction was required even though "there was only one offense and one victim but there were several hypotheses as to which act or acts caused [the victim's] death[, either blunt force trauma

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