In what circumstances will a jury not unanimously agree on a theory of first degree murder?
California, United States of America
The following excerpt is from People v. Olivarez, D058082, Super. Ct. No. RIF129919 (Cal. App. 2011):
In People v. Nakahara, supra, 30 Cal.4th705, 712-713, our high court stated: "As for defendant's claim that a unanimity instruction should have been given, our cases have repeatedly rejected this contention, holding that the jurors need not unanimously agree on a theory of first degree murder as either felony murder or murder with premeditation and deliberation. [Citations.]
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