State v. Pecpec

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Orlando Pecpec was charged in the family court with twenty-five counts of violation of an order for protection in relation to twenty-five voicemails and text messages he allegedly sent to his former spouse. The jury found PecPec guilty on nineteen counts. Pecpec challenged his convictions on eight counts, arguing they were obtained in violation of his right to an unanimous verdict because the jury was not specifically instructed that it was required to unanimously agree to the specific act that supported each count. The Supreme Court affirmed, holding (1) under State v. Mundon, the family court was required to give a specific unanimity instruction in the circumstances of the instant case; but (2) the family court's error in this case was harmless because there was no reasonable possibility that Pecpec was convicted on less than a unanimous verdict.