P. v. Lizarraga CA5
In a single count, Alberto Lizarraga was charged and convicted of “escape or attempt to escape.” Neither the trial court nor the prosecutor explained to the jury it must unanimously agree on which crime Lizarraga committed when finding him guilty. As a result, the judgment must be reversed because the record does not establish the jury unanimously agreed that Lizarraga was guilty of either escape or attempt to escape.
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