What is the test for unanimity instruction in a murder trial?
California, United States of America
The following excerpt is from People v. Gonzalez, E052704 (Cal. App. 2012):
finding beyond reasonable doubt as to facts essential to punishment].)" (Nakahara, supra, 30 Cal.4th at pp. 712-713.) In People v. Hawthorne (2009) 46 Cal.4th 67, 89, overruled on another point in People v. McKinnon (2011) 52 Cal.4th 610, 637, the court reaffirmed that a unanimity instruction is not required when two theories of first degree murder are presented.
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