SEQ CHAPTER \h \r 1CR22-376 09/16/05

SECOND DEGREE AGGRAVATED DOMESTIC ASSAULT (SUBSEQUENT OFFENSE)

13 V.S.A. § 1044(a)(2)

[Introduction to second phase of bifurcated proceeding]

Members of the jury:

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

Accordingly, the State has alleged that (Def)_______________ was previously convicted of domestic assault 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 now 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 domestic assault 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 of domestic assault.

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.