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Defendant’s Previous Trial:
Jury Not To Consider
During the course of this trial, you have heard that the defendant was on trial before. That is true. The defendant and the prosecution are entitled, however, to have you decide this case entirely on the evidence that has come before you in this trial. You should not consider the fact of a previous trial in any way when you decide whether the prosecution has proved every element of the charge beyond a reasonable doubt.
Points and Authorities
Adapted from Fed. Jud. Ctr., Pattern Crim. Jury Instructions (1988), Instr. #14, p. 21. (See also People v. Burgener (2003) 29 C4th 833 [“proper solution” to potential prejudice from a previous trial is to “exclude any reference to the prior verdict”].)