Does the fact that Morales did not run from the scene of a crime scene invalidate his instruction to run?

California, United States of America


The following excerpt is from People v. Morales, D071114 (Cal. App. 2017):

The fact that Morales did not run does not mean he did not have a consciousness of guilt. Because running from a crime scene can call attention to the individuals and create immediate suspicion, a guilty individual may choose to walk quickly away. Moreover, the existence of several explanations for the defendant's departure goes to the weight of the flight evidence, and not to whether the instruction was proper. (People v. Perry (1972) 7 Cal.3d 756, 771-774, overruled on another ground in People v. Green (1980) 27 Cal.3d 1, 28.) The instruction allows the jury to decide whether flight occurred, what weight to give the evidence, and whether there was an alternative explanation for the defendant's departure. (See People v. Lucas, supra, 12 Cal.4th at p. 471.)

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