P. v. Velez CA1/1
After a jury trial, defendant was convicted of being a felon in possession of ammunition. (Pen. Code, § 30305, subd. (a)(1).) Defendant contends the trial court erred in failing to give a unanimity instruction. Defendant also asks this court to conduct an independent review of two in camera hearings to determine whether the trial court erred in denying his motion to quash and traverse a search warrant or abused its discretion by denying discovery of police personnel records. Under the circumstances of this case, we conclude the failure to give a unanimity instruction was reversible error because the evidence disclosed more than one way in which defendant might have possessed ammunition and it is not clear beyond a reasonable doubt the jurors unanimously agreed he committed the same criminal act. We reject defendant’s other claims of error.
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