COLJI-Crim. 1.3-8:05.INT

You should answer the following verdict question on the verdict

form:

Is the defendant a habitual criminal? (Answer “Yes” or “No”)

The defendant is a habitual criminal only if:

1. within ten years of the date of the commission of [first degree

burglary] [first degree burglary of controlled substances]

[second degree burglary of a dwelling], the defendant had been

previously convicted of [first degree burglary] [first degree

burglary of drugs or first degree burglary of controlled

substances] [second degree burglary of a dwelling], and

2. the previous conviction was separately brought and tried, and

3. the previous conviction arose out of a separate and distinct

criminal episode.

The prosecution has the burden to prove each numbered condition

beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.