Is there an instruction that a jury must agree on the same criminal act when the evidence suggests there are more than one discrete crime?
California, United States of America
The following excerpt is from People v. Sankikian, B282229 (Cal. App. 2019):
Such an instruction, however, is required when the evidence suggests more than one discrete crime, for the jury must agree on the same criminal act. (People v. Russo (2001) 25 Cal.4th 1124, 1132.) Here, neither the jury's questions nor the
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record suggest that the discrete crime at issue was anything but Sankikian's possession of drugs on December 17, 2015.
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