In what circumstances will a jury overturn a conviction for the first degree murder of a toddler?

In Dellinger the defendant's conviction for the first degree murder of a two-year-old child was reversed on several grounds, one being the failure to give a unanimity instruction. Since the evidence showed multiple traumatic injuries as well as ingestion of a potentially lethal quantity of cocaine, the case was argued to the jury on both poisoning and traumatic injury theories. The court stated: "... there were [760 P.2d 446] several hypotheses as to which act or acts caused [the child's] death. As long as there are multiple acts presented to the jury which could constitute the charged offense, a defendant is entitled[46 Cal.3d 875] to an instruction on unanimity." ( People v. Dellinger, supra, 163 Cal.App.3d at p. 301, 209 Cal.Rptr. 503.)