PEOPLE v. SMITH

No. C044191.

34 Cal.Rptr.3d 472 (2005)

132 Cal.App.4th 1537

The PEOPLE, Plaintiff and Respondent, v. Dale Reginald SMITH, Defendant and Appellant.

Court of Appeals of California, Third District.

September 29, 2005.


Attorney(s) appearing for the Case

Neal P. Pfeiffer; Kathryn Kohlman Druliner, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez, Maggy Krell and David A. Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.


DAVIS, J.

Confronting a "perfect storm" of prejudicial legal error, we face, yet again, the consequences of the inexplicable reluctance of a prosecutor to request, and a trial court to give, a unanimity instruction when there is a risk that the defendant will be convicted even though there is no agreement among the jurors as to which act constituting the crime defendant committed. Here, the result is not only a reversal of the one count defendant was convicted of...

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