California, United States of America
The following excerpt is from People v. Leffel, 203 Cal.App.3d 575, 249 Cal.Rptr. 906 (Cal. App. 1988):
Furthermore, the evidence at trial clearly established that defendant's acts of driving on the wrong side of the road (Veh.Code, 21650) and at such excessive speeds (Veh.Code, 22348a, 23350) virtually occurred simultaneously with each other and were "so closely connected in time that they in effect formed part of one transaction." (People v. Turner (1983) 145 Cal.App.3d 658, 681, 193 Cal.Rptr. 614.) The acts described were so closely connected in time and place that the jurors would have no rational reason to pick out one act to believe, while disbelieving the other. Thus, it was not necessary for the trial court to give an instruction that the jury must agree on one specific act. The trial court did not err in failing to give a unanimity instruction.
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