What is the test for unanimity in determining whether a defendant committed two separate crimes at the same time?
California, United States of America
The following excerpt is from People v. Neal, C075144 (Cal. App. 2017):
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 that 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, like here, the defendant does not request the instruction. (People v. Riel (2000) 22 Cal.4th 1153, 1199.)
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