¶1concurring in part, dissenting in part.
¶2I concur in the portion of the majority opinion finding no error as to defendant’s conviction of five counts of first degree sexual offense and two counts of felonious sexual act with a minor. However, I disagree and therefore respectfully dissent from the majority opinion remanding for a new trial the remaining convictions consisting of eight counts of felonious sexual act with a minor (also referred to as sex offense in a parental role) and four counts of taking indecent liberties with a minor.
¶3The majority opinion acknowledges the trial court did not err in its instructions to the jury as to the charges of sexual offense in a parental role and indecent liberties. The trial court used the pattern jury instructions and distinguished by location each of the counts of sexual offense in a parental role and repeatedly instructed the jury it must find “separate and distinct acts” for each of the counts of indecent liberties.
¶4Nevertheless, the majority, finding merit in defendant’s contention that his right to a unanimous jury verdict “was violated because it is unclear which criminal offenses the jury believed he committed”, goes on to hold that because “we cannot determine which specific instances of abuse each juror had in mind when voting to convict defendant”, defendant must be granted a new trial on eight of the counts of sex offense in a parental role and on all four counts of indecent liberties. The majority seems to draw a distinction between those counts in which the verdict sheets indicate a specific incident (e.g. anal intercourse in the master bedroom) and counts where no other information is listed on the verdict sheets. However, our “statutes do not specify what constitutes a proper verdict sheet[,] . . . [n]or have our Courts required the verdict forms to match the specificity expected of the indictment.” State v. Floyd, 148 N.C. App. 290, 295, 558 S.E.2d 237, 240-41 (2002). A verdict is deemed sufficient if it “can be properly understood by reference to the indictment, evidence and jury instructions.” State v. Connard, 81 N.C. App. 327, 336, 344 S.E.2d 568, 574 (1986), aff'd, 319 N.C. 392, 354 S.E.2d 238 (1987) (per curiam).
¶5Defendant was convicted of five counts of first degree sexual offense, four counts of indecent liberties and ten counts of felony sex offense in a parental role. The evidence at trial showed that from mid September 2002 (less than one month after the child victim’s younger brother was born) until 5 June 2003, the defendant engaged in anal *232intercourse with the child victim, his step daughter, as many as fifty (50) times, “anytime he got a chance.” According to the child it happened as many as thirty times in the master bedroom and as many as twenty times in the living room. The evidence showed defendant licked his fingers and put them in the child’s backside prior to anal intercourse. The evidence further showed the defendant on at least one occasion touched her breast and licked her breast, and at least three times, licked her vaginal area. The jury heard evidence of defendant’s statement admitting to engaging in anal intercourse with the victim “at least six times before 5 June 2003,” and to licking her vagina “at least two or three times.” On 5 June 2003, after the victim’s sibling saw defendant “holding” the child victim, the child was taken to the doctor, examined and determined to have anal bruising and anal ulcerations. Fluid found on the back side of the victim’s panties was identified as sperm, subjected to DNA analysis, and determined to be that of the defendant.
¶6I would submit that this evidence is more than sufficient to support each and every jury verdict in this case. The majority opinion and some of the cases cited therein seem to suggest that where, as here, the evidence reveals a greater number of separate criminal offenses than there are charges submitted to the jury, there is in essence, a per se violation of defendant’s right to a unanimous jury. See State v. Bates, 172 N.C. App. 27, - S.E.2d -(2005) temp. stay allowed, 360 N.C. 537, - S.E.2d -, 2005 N.C. LEXIS 861 (2005) and State v. Lawrence, 170 N.C. App. 200, 612 S.E.2d 678 (J. Bryant concurring in part and dissenting in part) temp. stay allowed, 359 N.C. 640, 615 S.E.2d 662, 2005 N.C. LEXIS 604 (2005). Analyzing criminal cases in this manner would tend to extend the concept of unanimity far beyond what is reasonable for child sexual abuse cases in general and in this case in particular. Here we have a jury that was properly instructed by the court. During deliberations, this jury made only one request for testimony regarding one incident. The jury deliberated less than two hours before reaching unanimous verdicts on nineteen of twenty counts of sexual acts upon the child victim. Absent any indication the jury was confused or misunderstood the trial court’s instructions I cannot agree to overturn these unanimous jury verdicts which overwhelmingly appear to be based on the evidence presented at trial and on properly given instructions. The courts properly presume that jurors pay close attention to the instructions of the trial judge in criminal cases and that they “undertake to understand, comprehend, and follow the instructions as given.” State v. Nicholson, *233355 N.C. 1, 60, 558 S.E.2d 109, 148, cert. denied, 537 U.S. 845, 154 L. Ed. 2d 71 (2002) (citation omitted). As our Supreme Court has stated, “these instructions, when read as a whole, required a verdict of not guilty if all twelve jurors were not satisfied beyond a reasonable doubt that the defendant engaged in an unlawful sexual act. . . [and there is] nothing in the record indicating] any confusion, misunderstanding, or disagreement among the members of the jury which would indicate a lack of unanimity.” Hartness, 326 N.C. at 565, 391 S.E.2d at 179.
In the instant case defendant has failed to show a lack of unanimity in the jury verdicts. There must be more than a “possibility of a non-unanimous verdict” to overturn a unanimous jury verdict. We cannot decide cases based on speculation of what might have been. Perhaps the greatest danger posed by the majority opinion is that it would allow a convicted defendant to speculate on appeal, as to what a jury might have done during the course of deliberations at trial and with no indication the jury struggled with unanimity issues, grant defendant a new trial based on speculation. The burden is on defendant to show prejudicial error in order to have his conviction reversed and a new trial granted. Here, the evidence of record shows the jury was instructed on the law by the trial court, the jury was presented with a total of [20] separate verdicts [] as to three specific types of sexual crimes . . . and in a [very] short time the jury convicted defendant [of 19 of the 20 counts] in unanimous verdicts.
¶7State v. Lawrence, 170 N.C. App. at 222, 612 S.E.2d at 691-92 (Bryant, J., dissenting).
¶8Just as in Lawrence, I cannot find that a danger of lack of unanimity arises from the verdicts in the instant case. I believe this defendant received a fair trial, free from prejudicial error as rendered by a unanimous jury in open court. I would hold no error as to all convictions in this case, including all counts of Sexual Offense in a Parental Role and Taking Indecent Liberties with a Minor.