People v. Bailey

*141*378INTRODUCTION

Under the California Constitution, a criminal defendant has the right to a unanimous jury verdict. The jury in this case returned verdict forms finding defendant Christopher Bailey guilty of driving under the influence of alcohol (count 1) and driving with a blood alcohol content of 0.08 percent or more (count 2)-but when the trial court polled the jury, one juror replied that she did not find defendant guilty of count 1. Notwithstanding the lack of a *379unanimous verdict on count 1, the court recorded guilty verdicts for both counts and discharged the jury.

Defendant contends…