CA · jury_instructions
CALCRIM No. 3100
Prior Conviction: Nonbifurcated Trial (Pen. Code, §§ 1025,
1158)
If you find the defendant guilty of a crime, you must also decide whether
the People have proved the additional allegation that the defendant was
previously convicted of (another/other) crime[s]. It has already been
determined that the defendant is the person named in exhibit[s]
<insert number[s] or description[s] of exhibit[s]>. Y ou must decide
whether the evidence proves that the defendant was convicted of the
alleged crime[s].
The People allege that the defendant has been convicted of:
[1.] A violation of <insert code section alleged>, [for
which judgment was entered] on <insert date of
conviction/judgment>, in the <insert name of court>,
in Case Number <insert docket or case number>(;/.)
[AND <Repeat for each prior conviction alleged>.]
[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 as proof that the defendant committed any of the crimes with
which he is currently charged or for any other purpose.]
[Y ou must consider each alleged conviction separately.] The People have
the burden of proving (the/each) alleged conviction beyond a reasonable
doubt. If the People have not met this burden [for any alleged
conviction], you must find that the alleged conviction has not been
proved.
New January 2006; Revised March 2018, September 2020, March 2022
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2022
- Content hash
de77cfee1114797b3e2d1e4973a8b777101454c6bc9069e5bbaf68aca98f41c9
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