California Court of Appeal

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People v. Lueth, E053476

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