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State of Mind Other than Consciousness of Guilt

JURY INSTRUCTIONS:Refusal Instructions

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.