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Name: People v. Nakahara
Case #: S018292
Court: CA Supreme Court
District CalSup
Opinion Date: 05/22/2003
Subsequent History: None

Nothing in Apprendi v. New Jersey requires a unanimous jury verdict as to the particular theory justifying a finding of first degree murder. Therefore, where appellant was charged with first degree murder, and the jury was instructed on premeditated murder, felony murder, and lying in wait, it was not error that the instructions failed to require unanimous agreement as to which of the theories the jury accepted.