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P. v. Everett
Appellant was charged in counts 1 and 3 with making criminal threats and in count 2 with misdemeanor battery. Jury found appellant not guilty of count 1, but guilty of counts 2 and 3. Appellant appeals only as to count 3, contending that the court erred when it failed to give an instruction on jury unanimity sua sponte and did not require the prosecutor to elect which facts it intended to rely on in proving a violation of section 422. Court agreed and reversed.

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