3260. Duty of Jury: Verdict Form for Enhancement, Sentencing Factor, or Prior Conviction

You have been given (a/ <insert number>) verdict form[s] for the additional allegation[s]. If you reach a verdict on any additional allegation, complete the verdict form for that allegation.

Bench Notes

Instructional Duty

The court has a sua sponte duty to give this instruction when instructing on any enhancements, sentencing factors, prior convictions, or other special findings.

Do not give this instruction for special circumstances. Give CALCRIM No. 700, Special Circumstances: Introduction.

Authority

Statutory Authority. Pen. Code, §§ 1158, 1158a.

Secondary Sources

5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 644.

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85, Submission to Jury and Verdict, § 85.20 (Matthew Bender).

5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91, Sentencing, §§ 91.31, 91.102[3] (Matthew Bender).

(New January 2006)