Is there any evidence of deliberate refusal to follow the instructions of the jury in the case of Perez?

The present case is distinguishable from Perez. Here, some but not all jurors heard mentioned during deliberations that defendant did not testify, and some but not all jurors heard mention of defendant's possible sentence. There is no indication in the declarations presented to the trial court here "of any open discussion or agreement among the jurors evidencing a deliberate refusal to follow the court's instructions." (People v. Elkins (1981) 123 Cal.App.3d 632, 638, 176 Cal.Rptr. 729.)