Criminal Law

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:


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.

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. (Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403].)

(New January 2006)