About to do closing arguments... going to ask for a DW finding. I have two different things alleged as a DW... does the jury have to AGREE on the item found to be a DW or can 6 think it is one and 6 think it is the other????

My gut - no case law to support it, since you're in a hurry - says they do not have to agree on which DW, so long as they all agree there was some DW used. Kind of like definition of intoxication in DWI cases - so long as D was intoxicated, they don't have to agree on which definition of intoxication. And in assault cases with different manner and means alleged(hit/kicked) so long as they agree an assault occurred, they don't have to agree on which manner/means. But some of the wiser and more experienced attorneys on this forum probably know better than I do, and with law to support them. If I'm wrong on this, I need to know too!

I don't know of a case saying one way or the other. The unanimity requirement, though, arises from the notion that the constitution requires a unanimous decision on the elements of the OFFENSE.

A deadly weapon finding is a collateral issue, not an element of an offense, albeit a pretty important one. We regularly submit deadly weapon issues in the alternative as to the particlar item used or exhibited. No one has ever claimed that is a problem.