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

California, United States of America


The following excerpt is from People v. Meeks, A140262 (Cal. App. 2017):

"In a criminal case, a criminal jury verdict must be unanimous." (People v. Russo (2001) 25 Cal.4th 1124, 1132.) " 'Additionally, the jury must agree unanimously the defendant is guilty of a specific crime. [Citation.] Therefore, . . . when the evidence suggests more than one discrete crime, either the prosecution must elect among the crimes or the court must require the jury to agree on the same criminal act.' " (People v. Fernandez (2013) 216 Cal.App.4th 540, 555.)

The court has a duty to give a unanimity instruction sua sponte when the

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prosecution does not make an election between acts that can be a basis for an offense (People v. Melhado (1998) 60 Cal.App.4th 1529, 1534), such as by giving CALCRIM No. 3500. It states, "The People have presented evidence of more than one act to prove that the defendant committed this offense. You must not find the defendant guilty unless you all agree that the People have proved that the defendant committed at least one of these acts and you all agree on which act (he/she) committed."

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