What is the test for unanimity instruction in a motion where a defendant has committed a criminal offence against two separate parties?
California, United States of America
The following excerpt is from People v. Swayne, A133761 (Cal. App. 2013):
These contentions have no merit because the basis of liability here was not discrete acts. It is settled that a unanimity instruction is not required where the offenses are so closely connected as to form a single transaction or where the offense itself consists of a continuous course of conduct. (People v. Diedrich (1982) 31 Cal.3d 263, 282.) " ' "This exception arises in two contexts. The first is when the acts are so closely
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