What is the test for unanimity in a criminal case where the evidence supports more than one charged offence?

If the evidence reveals more than one unlawful act that could support a single charged offense, the prosecution must either elect which act to rely upon, or the trial court must instruct sua sponte that the jury must unanimously agree on which act constituted the crime. A unanimity instruction ensures that a defendant will not be convicted when there is no single offense which all the jurors agreed the defendant committed. (People v. Norman (2007) 157 Cal.App.4th 460, 464-465.)

In contrast, where the evidence shows only a single discrete crime but leaves room for disagreement as to exactly how that crime was committed or what the defendant's precise role was, unanimity is not required. The jury must agree on a particular crime but not on the particular theory of the crime. (People v. Russo (2001) 25 Cal.4th 1124, 1132-1134.)

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