CO · jury_instructions
COLJI-Crim. 1.3-8:07.SP
HABITUAL CRIMINAL—SPECIAL INSTRUCTION (AUTHENTICATED RECORD)
A duly authenticated copy of the record of former convictions and
judgments of any court of record for any crimes against the defendant
gives rise to a permissible inference that such convictions occurred.
Identification photographs and fingerprints that are part of the
records of such former convictions and judgments, or are part of the
records kept at the place of incarceration or by any custodian authorized by
the executive director of the department of corrections after sentencing for
any of such former convictions and judgments, give rise to a permissible
inference of the defendant’s identity.
A permissible inference allows, but does not require, you to find a
fact from proof of another fact or facts, if that conclusion is justified by the
evidence as a whole. It is entirely your decision to determine what weight
shall be given the evidence.
You must bear in mind that the prosecution always has the burden of
proving beyond a reasonable doubt that the defendant is a habitual
criminal, and that a permissible inference does not shift that burden to the
defendant.
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
76644bd2cffd261bdd9544aa6d34ef64454fcc2ff5d0a5bb4a4b4da5f5b55325
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