What is the test for unanimous verdict in a criminal case?

California, United States of America


The following excerpt is from People v. Pineda, F060726, Super. Ct. No. CRM003561 (Cal. App. 2012):

"In a criminal case, a jury verdict must be unanimous. [Citations.] ... Additionally, the jury must agree unanimously the defendant is guilty of a specific crime. [Citation.]" (People v. Russo (2001) 25 Cal.4th 1124, 1132.) Therefore, "[a]s a general rule, when violation of a criminal statute is charged and the evidence establishes several acts, any one of which could constitute the crime charged, either the state must select the particular act upon which it relied for the allegation of the information, or the jury must be instructed that it must agree unanimously upon which act to base a verdict of guilty.

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