CALCRIM No. 751

Code, § 190.05)

The defendant is charged with the additional allegation of having

previously served a prison term for murder. Y ou must now decide if the

People have proved this allegation.

To prove that this allegation is true, the People must prove that:

1. The defendant was convicted previously of murder in the (first/

second) degree;

AND

2. The defendant served time in prison as a result of that conviction.

[A conviction of <insert name of offense from other state> is

the same as a conviction for (first/second) degree murder.]

[For the purpose of this allegation, serving time in <insert

name of institution from Pen. Code, § 190.05> qualifies as serving time in

prison.]

<Limiting instruction alternative A—bifurcated trial>

[In deciding whether the People have proved this allegation, consider

only the evidence presented in this proceeding. Do not consider your

verdict or any evidence from the earlier part of the trial.]

<Limiting instruction alternative B—nonbifurcated trial>

[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 may not return a finding that this allegation has or has not been

proved unless all 12 of you agree on that finding.]

New January 2006