COLJI-Crim. 18:43.INT

If you find the defendant not guilty of [insert name(s) of felony

offense(s) from Article 18, Part 4], you should disregard this instruction

and fill out the verdict form reflecting your not guilty verdict.

If, however, you find the defendant guilty of [insert name(s) of felony

offense(s) from Article 18, Part 4], you should sign the verdict form to

indicate your finding of guilt, and answer the following verdict question

on the verdict form:

Did the offense involve a deadly weapon or firearm? (Answer

“Yes” or “No”)

The offense involved a deadly weapon or firearm only if:

[1. the defendant used, displayed, or possessed on his [her] person

or within his [her] immediate reach, a deadly weapon, as that

term is defined in your instructions, at the time of the

commission of [insert name(s) of felony offense(s) from Article

18, Part 4].]

[1. the defendant or a confederate of the defendant possessed a

firearm, as that term is defined in your instructions, to which

the defendant or confederate had access in a manner that posed

a risk to others or in a vehicle the defendant was occupying at

the time of the commission of [insert name(s) of felony

offense(s) from Article 18, Part 4].]

The prosecution has the burden to prove the 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.