FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 3.3(g)
BIFURCATED TRIAL INSTRUCTION – PHASE TWO
Give in phase two of a bifurcated jury trial in which the State alleges the Defendant is guilty of a felony based upon a second or subsequent conviction. (e.g. Felony Battery; Felony DUI-BUI; Felony Driving with License Cancelled, Revoked, or Suspended; Felony Petit Theft; Felony Voyeurism; etc.)
Note to Judge: Review relevant statutes to determine whether an adjudication of guilt is necessary to constitute a conviction.
You have found (defendant) guilty of (insert name of charged offense). You must now determine beyond a reasonable doubt whether:
Give a or b as applicable.
a. (Defendant) was previously convicted of (insert name of charged offense) prior to (insert date of charged offense in this case).
b. (Defendant) was previously convicted of (insert name of charged offense) (insert number of prior convictions alleged in indictment or information) times.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
228ede4e549d9955d6a7cb3cab63217bb3c027c1642cebb18b2c04e9626af34b
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