Webb

*903 A jury convicted James Adam Webb of first degree murder ( Pen. Code, § 187, subd. (a) ), 1 and found true the special allegation of using a knife in the commission of the offense (§ 12022, subd. (b)(1) ). On appeal from the judgment, Webb argues the court had a sua sponte duty to instruct the jury on the defense of duress ( CALCRIM No. 3402 ). He also claims CALCRIM No. 548 erroneously instructed the jury it did not need to agree on the theory of murder when the two theories corresponded to different degrees . As we explain, remand is required solely for a restitution hearing, but in all other respects we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Webb lived in a recreational vehicle (RV) parked adjacent to another RV belonging to John R. As Webb would later admit, on August 25, 2014, he entered John's RV, bound him with rope, sprayed him with pepper spray, and drove the RV away.

Webb interacted with several friends that night. Still driving John's RV, he first went to a motel where his friend Gina and her husband were staying. He told them *252 he had done something wrong and might have killed someone, but they did not believe him. He returned later to say he…