California, United States of America
The following excerpt is from The People v. Jones, B216768, No. YA071281 (Cal. App. 2010):
"A unanimity instruction is not required if the evidence shows one criminal act or multiple acts in a continuous course of conduct." (People v. Jantz (2006) 137 Cal.App.4th 1283, 1292.) Here, evidence of cocaine base "crumbs" on the kitchen counter and the large quantity of cocaine base in rock form contained in the baggie found outside the window supported the prosecution theory that cocaine base was cut into smaller rocks (for sale) on the kitchen counter, then stored in the baggie which was thrown out the window as the detectives arrived for the search. This continuous course of conduct was essentially one criminal act, not separate acts of possession for sale about which the jurors could disagree. No unanimity instruction was required on this count.
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