California, United States of America
The following excerpt is from People v. Aguilar, B228239 (Cal. App. 2012):
"In a criminal case, a jury verdict must be unanimous. [Citations.] . . . [Citation.] Additionally, the jury must agree unanimously the defendant is guilty of a specific crime. [Citation.] Therefore, cases have long held that when the evidence suggests more than one discrete crime, either the prosecution must elect among the crimes or the court must require the jury to agree on the same criminal act. [Citations.]" (People v. Russo (2001) 25 Cal.4th 1124, 1132; see also Cal. Const., art. I, 16.) "A requirement of jury unanimity typically applies to acts that could have been charged as separate offenses. [Citations.] A unanimity instruction is required only if the jurors could otherwise disagree which act a defendant committed and yet convict him of the crime charged. [Citation.]" (People v. Maury (2003) 30 Cal.4th 342, 423.)
However, no unanimity instruction is required when the acts alleged are so closely connected as to form part of one continuing transaction or course of criminal conduct. (People v. Dieguez (2001) 89 Cal.App.4th 266, 275.) This exception applies when the criminal acts were so closely connected in time, or were "successive, compounding, part of a single objective," and "arguably barred from multiple punishment by . . . section 654." (People v. Haynes (1998) 61 Cal.App.4th 1282, 1296.)
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.