CALCRIM No. 3250. Enhancement, Sentencing Factor, or Specific Factual Issue: Template

Judicial Council of California Criminal Jury Instructions (2020 edition)

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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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