CALCRIM No. 3103. Prior Conviction: Factual Issue for Jury (Pen. Code, §§ 1025, 1158)
Judicial Council of California Criminal Jury Instructions (2023 edition)Download PDF
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; Revised September 2020
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.)
• Statutory Authority. Pen. Code, §§ 1025, 1158.
• Disputed Factual Issues. See People v. Gallardo (2017) 4 Cal.5th 120, 136 [226
Cal.Rptr.3d 379, 407 P.3d 55]; Descamps v. United States (2013) 570 U.S. 254,
268-70 [133 S.Ct. 2276, 186 L.Ed.2d 438]; Apprendi v. New Jersey (2000) 530
U.S. 466, 490 [120 S.Ct. 2348, 147 L.Ed.2d 435].
See the Related Issues section of CALCRIM No. 3100, Prior Conviction:
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 727.
2 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 42,
Arraignment, Pleas, and Plea Bargaining, § 42.21[a] (Matthew Bender).
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, §§ 91.21, 91.60[b], [c][ii], [b], 91.80[c], [a][ii] (Matthew
3104-3114. Reserved for Future Use
ENHANCEMENTS AND SENTENCING FACTORS CALCRIM No. 3103