Gunn

Defendant appeals from the judgment following jury conviction of violation of Penal Code section 32, harboring, concealing or aiding a felon, Floyd Jones, knowing that Jones had committed the crime of attempted murder, and with intent that Jones escape arrest, trial, conviction or punishment. The principal issue on appeal arises from the fact the prosecutor did not elect the particular act upon which she relied to support the conviction nor did the trial court instruct the jury in terms of CALJIC No. 17.01 that all must agree on the act or acts constituting the offense. We shall hold that a violation of Penal Code section 32 may and here did consist in a course of continuous conduct thus obviating any need for the omitted election or instruction. Since we reject defendant’s remaining contentions in the unpublished portion of this opinion, we shall affirm the judgment.

On July 5, 1985, about 3 a.m., defendant and Floyd Jones went to Tony Miller’s apartment in Chico to collect money Miller owed Jones from a narcotics deal. Jones knocked on the door and awoke Miller who went to the window, saw Jones and defendant at the door, and told them to come back later in the…