What is the test for unanimous verdict in a criminal case?

A criminal defendant's right to a jury trial includes the right to a unanimous verdict, including unanimous agreement on the act constituting the offense charged. (Cal. Const., art. I, 16; People v. Russo (2001) 25 Cal.4th 1124, 1132.) When an accusatory pleading charges a single criminal act and the evidence shows more than one such unlawful act, either the prosecution must elect among the crimes or the court must require the jury to agree on the same criminal act beyond a reasonable doubt. (Russo, at p. 1132.) "This requirement of unanimity as to the criminal act 'is intended to eliminate the

Page 16