California Criminal Jury Instructions (CALCRIM) (2017)

3103. Prior Conviction: Factual Issue for Jury

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3103.Prior Conviction: Factual Issue for Jury (Pen. Code,
§§ 1025, 1158)
If you find that the defendant was previously convicted of the crime of
<insert description of prior conviction>, you must also
decide whether the People have proved that in the commission of that
prior crime <insert description of other factual issue, e.g.,
the defendant personally used a firearm>.
To prove this allegation, the People must prove that:
<INSERT ELEMENTS REQUIRED.>
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that this allegation has not been proved.
New January 2006
BENCH NOTES
Instructional Duty
To determine whether or not this instruction is required, review the Commentary to
CALCRIM No. 3100, Prior Conviction: Nonbifurcated Trial, regarding the current
state of the law on whether the jury must determine ancillary factual issues.
If the court gives this instruction, the court must provide the jury with a verdict
form on which the jury will indicate whether the allegation has been proved. (Pen.
Code, § 1158.)
AUTHORITY
• Statutory Authority. Pen. Code, §§ 1025, 1158.
Disputed Factual Issues. See People v. Epps (2001) 25 Cal.4th 19, 23 [104
Cal.Rptr.2d 572, 18 P.3d 2]; People v. Kelii (1999) 21 Cal.4th 452, 458–459 [87
Cal.Rptr.2d 674, 981 P.2d 518]; People v. Wiley (1995) 9 Cal.4th 580, 592 [38
Cal.Rptr.2d 347, 889 P.2d 541]; Apprendi v. New Jersey (2000) 530 U.S. 466,
490 [120 S.Ct. 2348, 147 L.Ed.2d 435]; People v. McGee (2006) 38 Cal.4th
682 [42 Cal.Rptr.3d 899, 133 P.3d 1054]; People v. Winslow (1995) 40
Cal.App.4th 680, 687 [46 Cal.Rptr.2d 901].
Secondary Sources
5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 644.
2Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 42,
Arraignment, Pleas, and Plea Bargaining, § 42.21[6][a] (Matthew Bender).
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, §§ 91.21[2], 91.60[2][b], [c][ii], [3][b], 91.80[1][c], [2][a][ii] (Matthew
Bender).
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RELATED ISSUES
See the Related Issues section of CALCRIM No. 3100, Prior Conviction:
Nonbifurcated Trial.
3104–3114. Reserved for Future Use
CALCRIM No. 3103 ENHANCEMENTS AND SENTENCING FACTORS
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