3260. Duty of Jury: Verdict Form for Enhancement, Sentencing Factor, or Prior Conviction
You have been given (a/ <insert number>) verdict form[s] for the additional allegation[s]. If you reach a verdict on any additional allegation, complete the verdict form for that allegation.
The court has a sua sponte duty to give this instruction when instructing on any enhancements, sentencing factors, prior convictions, or other special findings.
Do not give this instruction for special circumstances. Give CALCRIM No. 700, Special Circumstances: Introduction.
Statutory Authority. Pen. Code, §§ 1158, 1158a.
5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 644.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85, Submission to Jury and Verdict, § 85.20 (Matthew Bender).
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91, Sentencing, §§ 91.31, 91.102 (Matthew Bender).
(New January 2006)