3.9(d) DEFENDANT NOT TESTIFYING The constitution requires the State to prove its accusations againse ot f defendant]. It is not necessary for [name of defendant] to disprove anything. Nor is [name of defendant] required to prove innocence. It is up to the State to prove the me of defendant]s guilt by evidence. The [name of defendant] exercised a fundamental right by choosing not to be a witness in this case. You must not view this as an admission of guilt or be influenced in any way by this decision. No juror should ever be concerned that [name of defendant] did or did not take the witness stand to give testimony in the case.