CO · jury_instructions
COLJI-Crim. 1.3-8:01
EXPLANATION OF HABITUAL PHASE
Ladies and gentlemen of the jury, you have found the defendant
guilty of [insert substantive charge(s)]. However, the trial has not yet
concluded. The prosecution has also charged the defendant as a habitual
criminal. Habitual criminal charges refer to allegations by the prosecution
that the defendant has been previously convicted of certain crimes and is
therefore a habitual criminal. By law, I was not permitted to inform you
about the habitual criminal charges earlier.
Specifically, the defendant is charged with [explain the habitual
criminal charges from section 18-1.3-801].
We will now essentially conduct a second trial that focuses
exclusively on these habitual criminal charges. All of the rules that I
previously explained to you remain in effect, as does your oath as a juror.
Moreover, you must not allow your prior verdict of guilt to influence your
assessment of these charges. Rather, in determining whether the
prosecution has proved these charges, you must base your decision
exclusively on the evidence presented at this new trial.
Remember that the charges themselves are not evidence of anything.
They are not proof the defendant is a habitual criminal.
The Defendant has pleaded “not guilty” to the habitual criminal
charges. The defendant is presumed not to be a habitual criminal. The
prosecution has the burden of proving the habitual criminal charges
beyond a reasonable doubt.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
d6e32c54937a317a8ba859344a651101e300d0f4dab0d850358a705af5880c9e
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