OUJI-CR 10-10B

GENERAL CLOSING CHARGE -

CLOSING INSTRUCTION - PARTLY UNANIMOUS AND PARTLY

NONUNANIMOUS VERDICT

After you have retired to consider your verdict, select one of your number as foreperson and enter upon your deliberations. Your verdict must be unanimous for the crime(s) of [Specify Crime(s) That Are Punishable by Imprisonment for More Than Six Months] in [Specify Count(s)]. Your verdict does not need to be unanimous for the crime(s) of [Specify Crime(s) That Are Punishable by Six Months Imprisonment or Less] in [Specify Count(s)], and it can be based on an agreed verdict of (five (5))/(nine (9)) of you.

If your verdict is unanimous, your foreperson alone will sign it. If your verdict is not unanimous, it must be signed by each juror who concurs in the verdict. After you have reached your verdict, you will, as a body, return it in open court. Forms of verdict will be furnished. You will now listen to the argument of counsel, which is a proper part of this trial.

Notes on Use

This Instruction should be used in trials where offenses punishable by imprisonment for more than six months are tried together with offenses punishable by imprisonment for less than six months.

If the case is tried to a six person jury, the last sentence of the first paragraph should state that the verdict can be based on an agreed verdict of five jurors. If the case is tried to a twelve person jury, the last sentence of the first paragraph should state that the verdict can be based on an agreed verdict of nine jurors.

Committee Comments

This Instruction is based on the instruction used in Watson v. State, 1997 OK CR 42, n.1, 943 P.2d 1087, 1088. The Court of Criminal Appeals held the jury was properly instructed that it could render a less than unanimous verdict for petty offenses punishable by imprisonment for six months or less. Id. ¶ 10, 943 P.2d at 1090.

(2000 Supp.)