OUJI-CR 10-19

RETURN OF VERDICT --

PRIOR CONVICTIONS STIPULATED (SECOND STAGE)

By your verdict in the first part of this trial you have already found the defendant guilty of the crime of [Crime Charged]. You must now determine the proper punishment.

The defendant has admitted that he/she has [Specify Number] previous conviction(s). The punishment for [Crime Charged] after [Specify Number] previous conviction(s) is imprisonment in the custody of the Department of Corrections for a term of [Specify Term Provided in 21 O.S. 2011 & Supp. 2019, § 51.1(A) or 51.1a] years. When you have decided on the proper punishment, you should fill in the appropriate space on the verdict form and return the verdict to the Court.

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Statutory Authority: 21 O.S. 2011 & Supp. 2019, §§ 51.1, 51.1a.

Notes on Use

This instruction should be used in cases where sentence enhancement is sought for prior convictions and the defendant has stipulated to the fact of the prior convictions. For a second stage instruction for cases where the defendant has not stipulated to the prior convictions, see OUJI-CR 10-21.

If there are multiple counts, the pattern for this instruction should be repeated for each count.

A Verdict Form for the second stage where the prior convictions have been stipulated to is provided OUJI-CR 10-20, infra.

(2019 Supp.)