SEQ CHAPTER \h \r 1CR27-441 03/03/06
AGGRAVATED SEXUAL ASSAULT (PREVIOUS CONVICTION) - 13 V.S.A. § 3253(a)(4)
[Explanation: The statute, § 3253, lists 9 categories of aggravating factors. When the defendant is charged with aggravated sexual assault under § 3253(a)(4), it is appropriate to bifurcate the trial.]
[The following is an introduction to the second phase of the bifurcated proceeding.]
Members of the jury:
In view of your verdict finding (Def)_______________ guilty of the charge of sexual assault, I will now tell you about a second aspect to this case. The State has charged that (Def)_______________ has been previously convicted of [sexual assault] [aggravated sexual assault] [an offense that would have been sexual assault or aggravated sexual assault if it had been committed in the State of Vermont], and that the crime of sexual assault 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 (previous conviction)_______________ 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 over 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 [in Vermont of sexual assault or aggravated sexual assault] [in another jurisdiction of an offense which would constitute sexual assault or aggravated sexual assault if the crime had been committed in this state]. 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 sexual 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.