CALCRIM No. 3221

If you find the defendant guilty of the crime[s] charged in Count[s]

[,] [or of attempting to commit (that/those) crime[s]][or the

lesser crimes[s] of <insert lesser offense[s]>], you must then

decide whether the People have proved the additional allegation that the

defendant engaged in a pattern of related felony conduct that (involved

the taking of/ [or] resulted in the loss by another person or entity of)

more than $ <insert amount alleged>.

To prove this allegation, the People must prove that:

1. The defendant committed two or more related felonies,

specifically <insert names of alleged felonies and

descriptions if necessary>;

2. Fraud or embezzlement was a material element of at least two

related felonies committed by the defendant;

3. The related felonies involved a pattern of related felony conduct;

AND

4. The pattern of related felony conduct (involved the taking of/ [or]

resulted in the loss by another person or entity of) more than

$ <insert amount alleged>.

A pattern of related felony conduct means engaging in at least two

felonies that have the same or similar purpose, result, principals, victims,

or methods of commission, or are otherwise interrelated by

distinguishing characteristics, and that are not isolated events.

Related felonies are felonies committed against two or more separate

victims, or against the same victim on two or more separate occasions.

[Fraud is a material element of <insert name of alleged

felony>.]

[Embezzlement is a material element of <insert name of

alleged felony>.]

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 this allegation has not been proved.

New January 2006; Revised December 2008