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:
<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
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.
(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].)
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
3252–3259. Reserved for Future Use