Is there any error in not giving a unanimity instruction in giving a defendant the same defense to all of the thefts?
California, United States of America
The following excerpt is from People v. Bettencourt, C058010 (Cal. App. 6/5/2009), C058010 (Cal. App. 2009):
As defendant admits, she had the same basic defense to all of the thefts, that her employer authorized them. This was not a case of different defenses to different acts, each being used to prove the same count. (People v. Diedrich (1982) 31 Cal.3d 263, 283.) If there was error in not giving a unanimity instruction it was harmless under any standard.
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