State v. Stephenson

David Stephenson appeals two convictions for second degree theft. Among other claims, he argues that he was denied the right to a unanimous jury because the elements instructions charged alternative offenses, hut the court did not provide a unanimity instruction. We agree and, thus, reverse.

FACTS

Stephenson began working as a mortgage broker in late 1990. He used the name Statewide Financial Services and, on his stationary, referred to his business as a corporation. He also referred to his “home office,” thereby suggesting multiple branches. But he actually ran a one-person unincorporated…