State v. Trujillo
Annotate this CaseDefendant was convicted of possession of cocaine and violation of a protection order. The State elicited evidence of multiple acts that would support the violation of a protection order charge, but it failed to elect one particular act upon which the jury could rely. The district court did not give the jury a unanimity instruction requiring it to agree on the particular act that would support a conviction on the protection order charge, nor did Defendant request a unanimity instruction or object to its omission. The court of appeals affirmed, finding the unanimity error to be harmless because Defendant presented a unified defense. The Supreme Court affirmed, holding that the failure to give a unanimity instruction was not clearly erroneous under the facts of this case.
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