RETURN OF VERDICT -- PRIOR CONVICTIONS (FIRST STAGE)
If you find beyond a reasonable doubt that the defendant committed the crime of [Crime Charged], you shall return a verdict of guilty by marking the Verdict Form appropriately. If you have a reasonable doubt of the defendant's guilt to the charge of [Crime Charged], or if you find that the State has failed to prove each element of [Crime Charged] beyond a reasonable doubt, you shall return a verdict of not guilty by marking the Verdict Form appropriately. The issue of punishment is not before you at this time.
Notes on Use
In cases where sentence enhancement is sought for prior convictions, the jury must return its verdict in two stages unless the defendant has waived bifurcation. This instruction should then be used with either OUJI-CR 10-19 (if the defendant stipulates to the prior convictions after a finding of guilt in the first stage), infra, or OUJI-CR 10-21 (if the defendant contests the prior convictions), infra. OUJI-CR 10-17 should be used instead of this instruction if the defendant has waived bifurcation or the prosecution introduced the prior convictions after the defendant took the stand.
If there are multiple counts, the pattern for this instruction should be repeated for each count, and the instruction should conclude with the statement: "You may find the defendant guilty to (one or both)/(some or all) counts or not guilty to (one or both)/(some or all) counts."
A Verdict Form to go with this instruction is provided in OUJI-CR 10-16, infra.