What is the test for unanimity in a criminal trial where there are two separate crimes?

California, United States of America


The following excerpt is from People v. Sanchez, C059763 (Cal. App. 2011):

the same criminal act. [Citations.] [] This requirement of unanimity as to the criminal act 'is intended to eliminate the danger that the defendant will be convicted even though there is no single offense which all the jurors agree the defendant committed.' [Citation.] . . . [] On the other hand, 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, the jury need not unanimously agree on the basis or, as the cases often put it, the 'theory' whereby the defendant is guilty." (People v. Russo (2001) 25 Cal.4th 1124, 1132.)

Other Questions


If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
When two or more criminal charges are consolidated for trial against a single defendant, does Section 954 of the California Criminal Code require a separate trial? (California, United States of America)
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime? (California, United States of America)
What is the test for determining whether a crime committed by the same person as a separate crime is separate and involved separate objectives? (California, United States of America)
What is the basis for a conviction under section 654 of the California Criminal Code where a jury found a defendant guilty of two separate crimes, one of which was unlawful threat to kill, and the other of the crimes involved separate acts? (California, United States of America)
What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
Does section 654 of the California Criminal Code bar multiple punishments for separate crimes arising out of a single crime? (California, United States of America)
What is the law on unanimity in a criminal trial where there is evidence that more than one crime occurred? (California, United States of America)
Does the error of trial counsel in admitting that a defendant has been convicted of a similar crime to the same crime on trial for the same offence result in prejudice? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.