Does a jury have to agree on one or more of the several theories proposed by the prosecution in a first degree murder trial?

California, United States of America


The following excerpt is from People v. Potts, S072161 (Cal. 2019):

The jury was instructed that "[i]n arriving at a verdict for first degree murder, it is not necessary that all jurors agree on one or more of several theories proposed by the prosecution." Defendant contends that the jury should have been required to unanimously agree on which of the prosecution's theories had been proved beyond a reasonable doubt: premeditated and deliberate murder, or robbery felony murder. We have rejected this argument in the past and see no persuasive reason to revisit the issue. (See, e.g., People v. Sattiewhite, supra, 59 Cal.4th at

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