Vermont Model Criminal Jury Instructions CR22-511

[Introduction to second phase of bifurcated proceeding.]

Members of the jury:

In view of your verdict finding (Def)_______________ guilty of the charge of stalking, I will now tell you about a second aspect to this case. The State has charged that (Def)_______________ has been previously convicted of [stalking] [aggravated stalking], and that the crime of stalking for which you have just found (Def)_______________ guilty is in fact a second or subsequent offense.

Accordingly, the State has alleged that (Def)_______________ was previously convicted of [stalking] [aggravated stalking] on (date)_______________.

To this portion of the charge, (Def)_______________ has pled not guilty and puts the State to its proof on this part of the case.

[Closing jury instructions, following presentation of evidence, in the second phase of trial.]

Members of the jury:

Now that you have heard evidence on the second part of the case, it is time for you to deliberate whether to find (Def)_______________ guilty or not guilty under the rules I gave to you previously.

To establish (Def)_______________’s guilt as a subsequent offender, the State must have proven beyond a reasonable doubt:

(1) that (Def)_______________ was previously convicted of [stalking] [aggravated stalking] on (earlier date)_______________. You may consider any official records which have been introduced as evidence that [he] [she] was so convicted. You may also consider any other evidence as to the element of conviction.

(2) that the (Def)_______________ you see before you today is the same person who was previously convicted of the offense of [stalking] [aggravated stalking].

If you are persuaded beyond a reasonable doubt that the State has proven these essential elements, then you must return a verdict of guilty. If, however, you are not persuaded beyond a reasonable doubt that the State has proven the essential elements of being a subsequent offender, then you must return a verdict of not guilty.