Jackson v. State

*127Order

The State petitions for rehearing, arguing that we overlooked controlling authority in reaching this decision.2

In the present case, we held that the superior court committed plain error by failing to instruct the jury that it had to reach a unanimous verdict as to the specific act that constituted the first-degree sexual assault.3 In the State's view, there was no plain error because Jackson's attorney had a valid tactical reason for not objecting to the superior court's failure to instruct the jury on unanimity-that is, to avoid the risk that the State might move to amend the indictment…