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State of Mind Other than Consciousness of Guilt

JURY INSTRUCTIONS

Refusal Instructions

2. State of Mind Other than Consciousness of Guilt

People v. Huston (1980) 210 Cal.App.3d 192, 258
Cal.Rptr. 393; People v. Flannel (1979) 25 Cal. 3d 668,
672; CALJIC 517.

You are instructed that if you find, from all the evidence surrounding the alleged refusal to take a chemical test, defendant’s conduct was done with a state of mind and purpose other than a consciousness of guilt, you should disregard the alleged willful refusal.