California, United States of America
The following excerpt is from People v. Taylor, C081934 (Cal. App. 2017):
which he is charged. (Russo, supra, at p. 1132.) "The requirement of unanimity as to the criminal act is intended to eliminate the danger the defendant will be convicted even though there is no single offense all the jurors agree the defendant committed." (People v. Zavala (2005) 130 Cal.App.4th 758, 768.)
When the evidence suggests more than one discrete crime, either the prosecution must elect among the crimes, or the trial court must instruct the jury that it must unanimously agree the defendant committed the same criminal act. (Russo, supra, 25 Cal.4th at p. 1132.) The unanimity instruction must be given sua sponte even if the defendant does not request the instruction. (People v. Riel (2000) 22 Cal.4th 1153, 1199.)
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