OUJI-CR 10-22

VERDICT FORM -- PRIOR CONVICTIONS CONTESTED (SECOND STAGE)

IN THE DISTRICT COURT OF THE ________ JUDICIAL DISTRICT OF

THE STATE OF OKLAHOMA SITTING IN AND FOR _________ COUNTY

THE STATE OF OKLAHOMA,

Plaintiff,

vs

JOHN DOE,

Defendant.

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Case No. ______

VERDICT (SECOND STAGE)

COUNT 1 -- [CRIME CHARGED]

We, the jury, empaneled and sworn in the above-entitled cause, do, upon our oaths, find as follows:

Defendant is:

[Check and complete only one.]

______ Guilty of the crime of [Crime Charged] after [Specify Number and, if Applicable, Classifications of Offenses for Prior Convictions from 21 O.S. 2021, § 51.1 or 21 O.S. Supp. 2024, §§ 20L, 20M, 20N, 20O, or 20P] previous convictions and fix punishment at __________________.

______ Guilty of the crime of [Crime Charged] after [Specify Alternative Number and, if Applicable, Classifications of Offenses for Prior Convictions from 21 O.S. 2021, § 51.1 or 21 O.S. Supp. 2024, §§ 20L, 20M, 20N, 20O, or 20P] previous convictions and fix punishment at __________________.

______ Guilty of the crime of [Crime Charged] after [Specify Alternative Number and, if Applicable, Classifications of Offenses for Prior Convictions from 21 O.S. 2021, § 51.1 or 21 O.S. Supp. 2024, §§ 20L, 20M, 20N, 20O, or 20P] and fix punishment at _____________________. 

 ______ Guilty of the crime of [Crime Charged] and fix punishment at _______________________.

Notes on Use

                                                                                   

            The trial judge should determine the appropriate number of paragraphs to use for this Instruction.

            The sentencing enhancement provisions in 21 O.S. 2021, § 51.1 differ from those in 21 O.S. Supp. 2024, §§ 20L, 20M, 20N, 20O, or 20P.  Under 21 O.S. 2021, § 51.1, there are two levels of enhancement: one for one prior conviction and the other for two or more prior convictions.  However, under the Oklahoma Sentencing Modernization Act of 2024, the two levels of sentencing enhancement are one level for one or two prior Class C or D convictions and the other level for three or more prior Class C or D convictions (or one or more Class Y, Class A, or Class B convictions).  The trial judge should include the appropriate categories for the alternative enhancement levels in this Verdict Form as separate paragraphs above, and this may require additional alternative paragraphs.

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(2025 Supp.)