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Name: People v. Napoles
Case #: A093189
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/06/2002
Subsequent History: None

The trial court did not err in failing to give a jury unanimity instruction, but it did err by instructing that unanimity was not necessary in this felony child abuse case. No unanimity instruction was required, but the error was harmless in this fact-specific case with overwhelming evidence of guilt. The information alleged a crime between January 30 and May 11, alerting the jury to the crime charged was one continuous course of conduct, which does not require a unanimity instruction. Here the charge and the evidence cleary presented a course of conduct for the jury’s consideration.