What standard of review applies to a failure to give a unanimity instruction?

There is a split in authority as to which standard of review applies to the failure to give an unanimity instruction. But the majority of courts apply the stricter Chapman standard. (People v. Hernandez (2013) 217 Cal.App.4th 559, 576.) "Under Chapman, [the failure to give a unanimity instruction is harmless] '[w]here the record provides no rational basis, by way of argument or evidence, for the jury to distinguish between the various acts, and the jury must have believed beyond a reasonable doubt that [the] defendant committed all acts if he committed any, the failure to give a unanimity instruction is harmless.' [Citation.] For example, where the defendant offered the same defense to all criminal acts, and 'the jury's verdict implies that it did not believe the only defense offered,' failure to

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