When there are multiple acts presented to the jury that could constitute the charged offense, and the prosecution has not elected one act, is a defendant entitled to an instruction on unanimity?

California, United States of America


The following excerpt is from People v. Moore, E059150 (Cal. App. 2015):

When there are multiple acts presented to the jury that could constitute the charged offense, and the prosecution has not elected one act, "a defendant is entitled to an instruction on unanimity." (People v. Dellinger (1984) 163 Cal.App.3d 284, 301; see People v. Beardslee (1991) 53 Cal.3d 68, 92.) "[T]he failure to give a jury unanimity instruction (now CALCRIM No. 3500) is the most common kind of instructional error in

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criminal cases." (People v. Norman (2007) 157 Cal.App.4th 460, 467 [the court went on to advise trial judges to make CALCRIM No. 3500 a standard instruction unless there is a reason not to give it].)

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