What is the test for unanimity in a motion where a defendant is convicted of a single discrete crime?

California, United States of America


The following excerpt is from People v. Neal, F061516 (Cal. App. 2012):

may divide, or be uncertain, as to the exact way the defendant is guilty of a single discrete crime. In the first situation, but not the second, it should give the unanimity instruction." (People v. Russo, supra, 25 Cal.4th at pp. 1134-1135.)

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