CT · jury_instructions
Conn. Crim. Jury Instr. 2.12
Introduction
New, June 13, 2008
When the state seeks an enhanced penalty due to a prior conviction, the offense must be
charged in a two-part information. Practice Book § 36-14. A two-part information does not
charge one crime in the first part and a second crime in the second part. The first part relates
only to the commission of the crime charged, wholly unrelated to penalty. It is only after the
second part has been determined that the penalty attaches to the crime proven under the first part.
State v. LaSelva, 163 Conn. 229, 233-34 (1972); State v. Torma, 21 Conn. App. 496, 505 (1972)
(enhanced penalty cannot be imposed unless charged in a two-part information).
The existence of a Part B information should not be revealed to the fact-finder so as to
not influence the disposition of the claim contained in Part A. State v. Fitzgerald, 257 Conn.
106, 117 (2001). See Practice Book §§ 36-14, 37-10, 37-11 and 39-23 for the rules of court
relating to two-part informations. See also State v. Ferrone, 96 Conn. 160, 175 (1921)
(discussing the origin of the procedure).
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
a1ae923401be35cfa79a7453a931df98127655ee846659f038cf9b63987e986d
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