Can a jury reverse a section 148 conviction for refusing to submit a chemical test?

Because we cannot determine from the jury's verdict whether it convicted defendant of a violation of section 148 based on the legally inadequate theory that he resisted, delayed, or obstructed Officer Seel by refusing to submit to a chemical test, or instead based on one of the other three potential acts of resisting, delaying, or obstructing upon which the trial court instructed the jury, we must reverse defendant's section 148 conviction. (People v. Perez (2005)

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