Vermont Model Criminal Jury Instructions CR31-061

23 V.S.A. § 674(b)(2)

[Introduction to second phase of bifurcated proceeding.]

Members of the jury:

In view of your verdict finding (Def)_______________ guilty of the charge of driving with [his] [her] operator’s right, license or privilege [suspended] [revoked], I will now tell you about a second aspect to this case. The State has charged that (Def)_______________ has been previously convicted of driving with [his] [her] operator’s right, license or privilege [suspended] [revoked], and that the crime of driving with [his] [her] operator’s right, license or privilege [suspended] [revoked] for which you have just found (Def)_______________ guilty, is alleged to be a [second] [third] [fourth] [etc.] offense.

Accordingly, the State has alleged that (Def)_______________ was previously convicted of driving with [his] [her] operator’s right, license or privilege [suspended] [revoked] on (date)_______________. To be convicted of a crime means to be found guilty and sentenced.

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, using the general instructions I gave you previously, and the specific instructions I now give you on the essential elements of the offense. To establish (Def)_______________’s guilt as a subsequent offender, the State must have proven beyond a reasonable doubt:

(1) that (Def)_______________ was convicted of [operating] [attempting to operate] a motor vehicle on a public highway [while [his] [her] operator’s right, license or privilege license was suspended] [after [his] [her] operator’s license had been revoked], on (earlier date)_______________.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. And

(2) that the (Def)_______________ you see before you today is the same person who was previously convicted of the offense[s] of [operating] [attempting to operate] a motor vehicle on a public highway [while [his] [her] operator’s right, license or privilege was suspended] [after [his] [her] operator’s license had been revoked].

If the State has proven each of these essential elements beyond a reasonable doubt, then you must find (Def)_______________ guilty of being a subsequent offender. If, however, the State has not proven these essential elements beyond a reasonable doubt, then you must return a verdict of not guilty on this charge.