People v. Cooks

In this case, defendant was charged with one count of first-degree criminal sexual conduct,1 but testimony elicited from the complainant at trial referred to three incidents of sexual penetration. Although the jury was instructed in general terms that its verdict must be unanimous, defendant’s conviction of second-degree criminal sexual conduct was vacated by the Court of Appeals because the trial court refused to instruct *506the jurors that unanimous agreement about a specific act of penetration is required for conviction. Because materially identical evidence was offered with respect to each…