California, United States of America
The following excerpt is from People v. Velasquez, D069290 (Cal. App. 2016):
discrete crime and the prosecutor does not elect among the crimes.6 (Russo, at p. 1132; People v. Riel (2000) 22 Cal.4th 1153, 1199.) The requirement for such an instruction " 'is intended to eliminate the danger that the defendant will be convicted even though there is no single offense which all the jurors agree the defendant committed.' " (Russo, at p. 1132.) However, "where the evidence shows only a single discrete crime but leaves room for disagreement as to exactly how that crime was committed or what the defendant's precise role was, the jury need not unanimously agree on the basis or, as the cases often put it, the 'theory' whereby the defendant is guilty."7 (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.