a v. People, 2020 CO 63

Sandra Archuleta cared for her four-month-old grandson, D.A., for about a week; the child was healthy at drop-off and dead by the next morning after being returned to his mother.
Autopsy showed multiple injuries (chemical burns, torn frenulum, broken ribs, apparent pinch marks), pneumonia, dehydration, and a bloodstream infection; coroner testified the combination of injuries plus neglect caused death.
Prosecutor charged one count of child abuse resulting in death under Colo. Rev. Stat. § 18-6-401(1)(a), which lists three alternative means of committing child abuse (cause injury, permit dangerous situation, or continued pattern of conduct).
Archuleta requested prosecutorial election and a modified unanimity instruction (requiring jurors to agree on the same act or agree the defendant committed all acts); the trial court denied both requests but used jury interrogatories.
Jury convicted; the Colorado Court of Appeals reversed, holding a modified unanimity instruction was required because the prosecution presented multiple acts/theories; the Colorado Supreme Court granted certiorari and reversed the division, reinstating the conviction.

Issue	Plaintiff's Argument (People)	Defendant's Argument (Archuleta)	Held
Whether a modified unanimity instruction was required where the child-abuse statute defines alternative means but the People charged and tried a single-transaction/pattern-of-conduct theory	Division erred; prosecution proceeded on a single transaction/pattern theory so no modified unanimity instruction or election was required (and a broad “continuous crime” approach is appropriate)	Multiple discrete acts and alternative statutory means were presented; reasonable likelihood jurors could disagree which act established guilt, so defendant was entitled to modified unanimity or an election	Court held no modified unanimity instruction required: prosecution tried a single transaction/pattern that tied the discrete acts together as the causal chain for death; no reasonable likelihood jurors disagreed about which act caused death. Judgment of the court of appeals reversed; conviction reinstated.

Richardson v. United States, 526 U.S. 813 (1999) (jury need only be unanimous on guilt of the charged offense, not on which means produced an element)
Quintano v. People, 105 P.3d 585 (Colo. 2005) (prosecution must elect or jury instructed when multiple discrete acts could each constitute the offense and jurors might disagree)
Thomas v. People, 803 P.2d 144 (Colo. 1990) (describing modified unanimity instruction and election doctrine)
Melina v. People, 161 P.3d 635 (Colo. 2007) (no unanimity instruction required where prosecution proceeded on a single transaction theory)
Friend v. People, 429 P.3d 1191 (Colo. 2018) (child-abuse statute creates one offense with alternative means; evidence treated as single pattern can support one count)
Taggart v. People, 621 P.2d 1375 (Colo. 1981) (unanimity required only as to ultimate issue of guilt, not as to alternative means)
United States v. Griggs, 569 F.3d 341 (7th Cir. 2009) (distinguishing elements from the means by which they are proven)