California Court of Appeal

In a prosecution that included a count of inflicting corporal injury on a cohabitant, the judgment of conviction is affirmed, where: 1) if, under People v. Thompson (1984) 160 Cal.App.3d 220, the evidence showed only a single instance of the crime, a unanimity instruction was not required; and 2) if, under People v. Johnson (2007) 150 Cal.App.4th 1467, the evidence showed at least two instances of the crime, a unanimity instruction was required, but the error in failing to give it was harmless because the record showed that the jury unanimously found the defendant guilty based on a particular beating.

Appellate Information

• Decided 05/22/2012
• Published 05/22/2012

Judges

• Richli

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James R. Bostwick, Jr., Ronald A. Jakob