What is the test for unanimously determining whether a defendant is guilty of first degree murder?

several theories proposed by the prosecution; it is sufficient that each juror is convinced beyond a reasonable doubt that the defendant is guilty of first degree murder as that offense is defined by statute." (People v. Milan (1973) 9 Cal.3d 185, 195, 107 Cal.Rptr. 68, 507 P.2d 956.) However, the law is also clear that the jury must unanimously determine whether murder is in the first or second degree. (People v. Jones (2014) 230 Cal.App.4th 373, 376, 178 Cal.Rptr.3d 636.) Section 1157 states in part that "[w]henever a defendant is convicted of a crime ... which is distinguished into degrees, the jury, or the court if a jury trial is waived, must find the degree of the crime ... of which he is guilty."

[243 Cal.App.4th 1279]