SERIES 2100 VEHICLE OFFENSES
F 2126 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial (VC 23550, VC 23550.5 & VC 23566)
TABLE OF CONTENTS
F 2126.1 Titles And Identification Of Parties
F 2126.1 Inst 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Title
F 2126.1 Inst 2 Identification Of Prosecution And Defendant
F 2126.1 Inst 3 Jurors Not Required To Decide
F 2126.2 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2126.3 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2126.4 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Burden Of Proof Issues
F 2126.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2126.5 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Elements And Definitions [Reserved]
F 2126.6 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Defense Theories [Reserved]
F 2126.7 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Preliminary Fact Issues [Reserved]
F 2126.8 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Unanimity/Duplicity/Multiplicity [Reserved]
F 2126.9 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Lesser Offense Issues [Reserved]
F 2126 Notes
F 2126 Note 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—CALCRIM Cross-References And Research Notes
F 2126 Note 2 DUI: Prior Stipulation/Bifurcation (VC 23550 (formerly VC 23175), VC 23152)
Return to Series 2100 Table of Contents.
F 2126.1 Titles And Identification Of Parties
F 2126.1 Inst 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2126.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 2126.1 Inst 3 Jurors Not Required To Decide
*Modify CC 2126, paragraph 1, sentence 3, as follows [added language is underlined; deleted language is stricken]:
You must try to decide, if you can, whether the evidence proves that the defendant was convicted of the alleged crime[s].
*Modify paragraph 3, sentence 1, as follows:
[In deciding trying to decide whether the People have proved the allegation[s], consider only the evidence presented in this proceeding.
Points and Authorities
See FOROECITE F 100.7 Inst 1.
F 2126.2 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2126.3 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 2126.4 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Burden Of Proof Issues
F 2126.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2126.5 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Elements And Definitions [Reserved]
F 2126.6 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Defense Theories [Reserved]
F 2126.7 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Preliminary Fact Issues [Reserved]
F 2126.8 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Unanimity/Duplicity/Multiplicity [Reserved]
F 2126.9 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—Lesser Offense Issues [Reserved]
F 2126 NOTES
F 2126 Note 1 Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions — Bifurcated Trial—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 2125 [Driving Under The Influence Or With 0.08 Percent Blood Alcohol: Prior Convictions]
Research Notes:
See CLARAWEB Forum, Vehicle Offenses—Series 2100.
F 2126 Note 2 DUI: Prior Stipulation/Bifurcation (VC 23550 (formerly VC 23175), VC 23152)
a. Stipulation—In People v. Bouzas (1991) 53 C3d 467, 480, the Supreme Court held that the prior conviction aspect of PC 666 related to punishment and was not an element of the offense that had to be determined by a jury, and therefore, the defendant had a right to stipulate to the prior. (Bouzas, at 480.) In People v. Weathington (1991) 231 CA3d 69, the court discussed several factors addressed by Bouzas to conclude that the prior offender status per VC 23550 (formerly VC 23175) is not an element of the DUI offense (and therefore not mandated by Prop 8 to be proven in open court). The factors included: (1) whether the statute historically, and by its language, specifies penalties rather than defining the crime; (2) whether a charge under the statute merely places a defendant on notice that if he is convicted of the substantive offense and if the priors are found true, he faces enhanced punishment at the time of sentencing; and (3) whether the conduct proscribed by the statute is malum in se such that the jury need not know about the prior offender status in order to decide the question of guilt. (Weathington, 231 CA3d at 86-90.)
b. Bifurcation—[See FORECITE EA II(B).] In light of Bouzas, the prior offender status of VC 23550 (formerly VC 23175) is not an element of a crime, but an enhancement. (See People v. Weathington (1991) 231 CA3d 69, 90.) Therefore, in the discretion of the trial court, the defendant may obtain a separate trial upon the prior conviction. (See People v. Calderon (1994) 9 C4th 69, 78 [disapproving People v. Bracamonte (1981) 119 CA3d 644 and holding that bifurcation is a matter of discretion rather than an absolute right.]
(See FORECITE EA V(B)—EA V(D).)
CALJIC NOTE: See FORECITE F 12.65 n2.
