What is the test for an instruction of flight from a crime scene?

California, United States of America


The following excerpt is from People v. Thompson, A133858 (Cal. App. 2013):

As an initial matter, appellant did not object to the flight instruction and therefore has forfeited this claim. (People v. Virgil (2011) 51 Cal.4th 1210, 1260.)

The claim also fails on the merits. " 'In general, a flight instruction "is proper where the evidence shows that the defendant departed the crime scene under circumstances suggesting that his movement was motivated by a consciousness of guilt." ' [Citations.] Evidence that a defendant left the scene is not alone sufficient; instead, the circumstances of departure must suggest 'a purpose to avoid being observed or arrested.' [Citations.]" (People v. Bonilla (2007) 41 Cal.4th 313, 328.) To be entitled to the instruction, the prosecution need not prove that the defendant fled in order to avoid arrest; rather, there must be evidence of the defendant's departure from the crime scene from which a jury permissibly could infer consciousness of guilt. (Id. at p. 328.)

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