State v. Schroeder
In State v. Schroeder, 167 Ariz. 47, 51, 804 P.2d 776, 780 (App.1990) the defendant was charged with one count of sexually abusing his granddaughter. 167 Ariz. at 48-49, 804 P.2d at 777-78.
The trial court admitted evidence of several separate instances of the grandfather's abuse of the granddaughter, all of which occurred during the same evening. Id.
The court determined that, under the facts at hand, any error in not taking curative measures to insure unanimity would not have been prejudicial because the defendant presented the same defense to each of the sexual acts. See id. at 53, 804 P.2d at 782.
The court so reasoned because:
All of the acts were basically the same . . . . Defendant's only defense was that the acts did not occur. Thus, the jury was left with only one issue - who was the more credible of the only two witnesses . . . . The jury's verdict here implies that it did not believe the only defense offered. Id.