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CA · jury_instructions

CALCRIM No. 3100

Prior Conviction: Nonbifurcated Trial (Pen. Code, §§ 1025,

activein force · 2022-01-01 – presentcompiled-edition

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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