CALCRIM No. 1850

If you find the defendant guilty of petty theft, you must then decide

whether the People have proved the additional allegation that the

defendant has been convicted of a theft offense before and served a term

in a penal institution as a result of that conviction. It has already been

determined that the defendant is the person named in exhibits

<insert numbers or descriptions of exhibits>. Y ou must decide

whether the evidence proves that the defendant was previously convicted

of the alleged crime[s].

To prove this allegation, the People must prove that:

1. The defendant was previously convicted of a theft offense;

AND

2. The defendant served a term in a penal institution for that

conviction.

The People allege that the defendant was previously convicted of:

[1.] A violation of <insert code section violated>, on

<insert date of conviction>, in the <insert

name of court>, in Case Number <insert docket or case

number>(;/.)

[AND <Repeat for each prior conviction alleged>.]

[<insert name of penal institution> is a penal institution.]

[A penal institution includes [a] (city jail/county jail/state prison/any

facility, camp, hospital, or institution operated to confine, treat, employ,

train, and discipline persons in the legal custody of the Department of

Corrections/federal prison/ <specify other institution>).]

[Consider the evidence presented on this allegation only when deciding

whether the defendant was previously convicted of the crime[s] alleged

[or for the limited purpose of <insert other permitted

purpose, e.g., assessing credibility of the defendant>]. Do not consider this

evidence for any other purpose.]

[Y ou must consider each alleged conviction separately.] The People have

the burden of proving this 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; Revised August 2015, March 2018