ID · jury_instructions
ICJI 1723
Multiple Aggravating Circumstances
ICJI 1723 Multiple Aggravating Circumstances
The State has alleged more than one statutory aggravating circumstance in this case. You must consider whether the State has proven the existence of more than one statutory aggravating circumstance beyond a reasonable doubt by relying on the same facts or independent facts. The same facts, without more, cannot be relied on to find more than one statutory aggravating circumstance beyond a reasonable doubt. Independent facts must exist for each statutory aggravating circumstance in order for you to find that the State has proven multiple statutory aggravating circumstances beyond a reasonable doubt.
Comment
State v. Dunlap, 155 Idaho 345, 365–66 (2013); State v. Fain, 116 Idaho 82, 99 (1989), overruled on other grounds by State v. Card, 121 Idaho 425 (1991); State v. Osborn, 102 Idaho 405, 418-19 (1981).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
6b12d0c2d12671e3e24667c253cadb80d64556b26755fa380ccaee4047934ccc
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.