CALCRIM No. 3235

Convictions or Sustained Juvenile Delinquency Petitions

<Introductory paragraph for nonbifurcated trial>

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

decide whether the People have proved the additional allegation that

<insert name of defendant>’s prior (convictions/[or]

sustained juvenile delinquency petitions) are numerous or of increasing

seriousness.]

<Introductory paragraph for bifurcated trial>

[The People have alleged that <insert name of defendant>’s

prior (convictions/[or] sustained juvenile delinquency petitions) are

numerous or of increasing seriousness.]

To prove this allegation, the People must prove that:

1. The defendant has numerous prior (criminal convictions/[or]

sustained juvenile delinquency petitions);

OR

2. The defendant’s prior (criminal convictions/[or] sustained

juvenile delinquency petitions) are of increasing seriousness.

Y ou may not find the allegation true unless all of you agree that the

People have proved that the defendant’s prior (criminal convictions/[or]

sustained juvenile delinquency petitions) are numerous or of increasing

seriousness. However, all of you do not need to agree how many

(criminal convictions/[or] sustained juvenile delinquency petitions)

qualify as numerous or which prior (criminal convictions/[or] sustained

juvenile delinquency petitions) were of increasing seriousness.

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 February 2026