When a jury finds a defendant guilty of a single discrete crime, does the court have to give a unanimity instruction?
California, United States of America
The following excerpt is from People v. Vibanco, F068171 (Cal. App. 2015):
uncertain, as to the exact way the defendant is guilty of a single discrete crime. [Citation.] In the first situation, but not the second, it should give the unanimity instruction. [Citation.]" (People v. Hernandez (2013) 217 Cal.App.4th 559, 570, italics in original.)
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.)
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