SEQ CHAPTER \h \r 1CR28-061 06/19/03

HABITUAL CRIMINAL -- 13 V.S.A. § 11 -- (Second Phase of Bifurcated Proceeding)

[Introduction to second phase of bifurcated proceeding.]

Members of the jury:

In view of your verdict finding (Def)_______________ guilty of the charge of ______________, I will now tell you about a second aspect to this case.  The State has charged that (Def)_______________ is an habitual criminal.  To sustain this charge, the State must prove beyond a reasonable doubt that (Def)_______________ has been convicted of three previous felonies.  To be convicted means to be found guilty of a crime and sentenced.

Here, the State alleges that (Def)_______________ was previously convicted of the following felonies:

(1) The State alleges that (Def)_______________ was convicted of ____________________ on (date)_______________.

(2) The State alleges that (Def)_______________ was convicted of ____________________ on (date)_______________.

(3) The State alleges that (Def)_______________ was convicted of ____________________ on (date)_______________.

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

[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 as an habitual criminal, 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 an habitual criminal, the State must have proven beyond a reasonable doubt:

(1) that (Def)_______________ was convicted of (first alleged felony)_______________ on (first earlier date)__________;

(2) that the (Def)_______________ you see before you today is the same person who was convicted of (first alleged felony)________________ on (first earlier date)__________;

(3) that (Def)_______________ was convicted of (second alleged felony)_______________ on (second earlier date)__________;

(4) that the (Def)_______________ you see before you today is the same person who was convicted of (second alleged felony)________________ on (second earlier date)__________;

(5) that (Def)_______________ was convicted of (third alleged felony)_______________ on (third earlier date)__________; and

(6) that the (Def)_______________ you see before you today is the same person who was convicted of (third alleged felony)________________ on (third earlier date)__________.

As I stated earlier, to be convicted means to be found guilty of a crime and sentenced.  As you consider each of the alleged previous convictions, you may consider any official records which have been introduced as evidence that (Def)_______________ was so convicted.  You may also consider any other evidence as to the element of conviction.  You need not concern yourselves with the penalties imposed for any previous conviction.

If the State has proven each of these essential elements beyond a reasonable doubt, 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 an habitual criminal, then you must return a verdict of not guilty.