Criminal Jury Instructions Home

2.12-2 Subsequent Offenders

New, June 13, 2008

In the second part of the information, the defendant has been charged as a (second / third / subsequent) offender of the crime of <insert crime>. A person is guilty of being a (second / third / subsequent) offender of the crime of <insert crime> when that person stands convicted of <insert crime>, and has been, prior to the commission of that offense, convicted of that same crime on (a prior occasion / two or more separate prior occasions).

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Current conviction
The first element is that the defendant stands convicted of <insert crime>. The verdict you just rendered, finding the defendant guilty of <insert crime>, satisfies this element.

Element 2 - Prior conviction
The second element is that prior to <insert date the current crime was committed>, the defendant was convicted of <insert crime and number of convictions if applicable>. To be "convicted" of a crime means that a finding of guilty has been entered against a defendant in a criminal or motor vehicle case. A certified copy of a court record indicating a verdict or finding of guilty is sufficient evidence, either standing alone or with other evidence, to prove a "conviction" of a crime. <Describe the evidence presented.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant has been convicted of <insert crime>, and that (he/she) had previously been convicted of <insert crime>. 

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of being a (second / third / subsequent) offender, then you shall find the defendant guilty. On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

Commentary

Many offenses have sentence enhancers based on prior convictions for the same offense. These are noted in the commentaries to those offenses. When the state seeks an enhanced penalty due to a prior conviction, the offense must be charged in a two-part information. Practice Book § 36-14. See the Introduction to Part B Informations.