California Criminal Jury Instructions (CALCRIM) (2017)

3250. Enhancement, Sentencing Factor, or Specific Factual Issue: Template

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I. TEMPLATES
3250.Enhancement, Sentencing Factor, or Specific Factual
Issue: Template
If you find the defendant guilty of the crime[s] charged in Count[s]
[,] [or of attempting to commit (that/those) crime[s]][ or the
lesser crimes[s] of <insert lesser offense[s]>], you must
then decide whether[, for each crime,] the People have proved the
additional allegation that <insert description of
enhancement, sentencing factor, or factual issue>. [You must decide
whether the People have proved this allegation for each crime and
return a separate finding for each crime.]
To prove this allegation, the People must prove that:
<Insert elements required.>
The People have the burden of proving each allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that the allegation has not been proved.
New January 2006
BENCH NOTES
Instructional Duty
This template is provided for the court to use for any enhancements, sentencing
factors, or factual issues to be submitted to the jury that are not covered in
previous instructions. (Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct.
856, 166 L.Ed.2d 856]; Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct.
2531, 159 L.Ed.2d 403].)
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