P. v. Alishlah CA1/1
A jury convicted defendant Akaran Alemdii Alishlah of a felony, unlawfully taking or driving a vehicle, and he was sentenced to two years and eight months in prison. On appeal, Alishlah contends that the trial court erred by not sua sponte giving a jury instruction on unanimity because the offense can be based on either taking or driving a vehicle. We conclude there was no error because in closing argument the prosecutor elected Alishlah’s driving, not taking, of the vehicle as the basis of the charge. We also conclude that even if there was an error, it was harmless. Accordingly, we affirm.
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