Criminal Law

3251. Enhancement, Sentencing Factor, or Specific Factual Issue: Template - Bifurcated Trial

The People have alleged that <insert description of enhancement, sentencing factor, or factual issue>.

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 when the court grants a bifurcated trial on that issue. (Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403].)

The court must also give CALCRIM No. 221, Reasonable Doubt: Bifurcated Trial.

When inserting the description in the first sentence, the court should specify which crimes the enhancement or sentencing factor pertains to if it applies to one or more specific counts. For example, "the victim of the robbery in Count 1 was particularly vulnerable."

(New January 2006)