California, United States of America
The following excerpt is from People v. Garcia, H040040 (Cal. App. 2015):
In this case, we need not decide whether Penal Code section 273.5 is a crime of continuous conduct for purposes of a unanimity instruction, because the continuous-course-of-conduct exception may also arise " ' "when the acts alleged are so closely connected as to form part of one transaction" ' " and " 'the defendant offers essentially the same defense to each of the acts, and there is no reasonable basis for the jury to distinguish between them.' " (People v. Williams (2013) 56 Cal.4th 630, 682.) " 'This exception " 'is meant to apply not to all crimes occurring during a single transaction but only to those "where the acts testified to are so closely related in time and place that the jurors reasonably must either accept or reject the victim's testimony in toto." [Citation.]' [Citation.]" [Citation.]' [Citation.]" (Lueth, supra, 206 Cal.App.4th at p. 196.)
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