SERIES 3100 ENHANCEMENTS AND SENTENCING FACTORS
F 3101 Prior Conviction: Bifurcated Trial
TABLE OF CONTENTS
F 3101.1 Titles And Identification Of Parties
F 3101.1 Inst 1 Prior Conviction: Bifurcated Trial—Title
F 3101.1 Inst 2 Identification Of Prosecution And Defendant
F 3101.2 Prior Conviction: Bifurcated Trial—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 3101.3 Prior Conviction: Bifurcated Trial—Language That Is Argumentative, Confusing, Etc.
F 3101.3 Inst 1 Modification Of Coercive Language That The Jurors “Must Decide” The Enhancement
F 3101.3 Inst 2 (a & b) Prior Conviction: Charging Document Not Proof Of Conviction
F 3101.4 Prior Conviction: Bifurcated Trial—Burden Of Proof Issues
F 3101.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 3101.5 Prior Conviction: Bifurcated Trial—Elements And Definitions
F 3101.5 Inst 1 Jury Should Determine Whether The Defendant Is The Person Named In The Documents
F 3101.6 Prior Conviction: Bifurcated Trial—Defense Theories [Reserved]
F 3101.7 Prior Conviction: Bifurcated Trial—Preliminary Fact Issues [Reserved]
F 3101.8 Prior Conviction: Bifurcated Trial—Unanimity/Duplicity/Multiplicity [Reserved]
F 3101.9 Prior Conviction: Bifurcated Trial—Lesser Offense Issues [Reserved]
F 3101 Notes
F 3101 Note 1 Prior Conviction: Bifurcated Trial—CALCRIM Cross-References And Research Notes
F 3101 Note 2 Bifurcated Enhancement Trial: No Sua Sponte Duty to Clarify Applicability of Guilt Phase Instructions
F 3101 Note 3 Collateral Challenge To Constitutionality Of Prior
F 3101 Note 4 Prior Conviction: Proof Must Be Limited To Court Documents; Live Testimony Improper
F 3101 Note 5 Serious Felony Prior: Chronology Or Procedural Sequence Of The Prior
F 3101 Note 6 Prior Conviction May Be Alleged Post-Verdict
F 3101 Note 7 Jury Determination Of Factual Issues Related To Prior Convictions
Return to Series 3100 Table of Contents.
F 3101.1 Titles And Identification Of Parties
F 3101.1 Inst 1 Prior Conviction: Bifurcated Trial—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 3101.1 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 3101.2 Prior Conviction: Bifurcated Trial—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 3101.3 Prior Conviction: Bifurcated Trial—Language That Is Argumentative, Confusing, Etc.
F 3101.3 Inst 1 Modification Of Coercive Language That The Jurors “Must Decide” The Enhancement
See FORECITE F 3100.3 Inst 1.
F 3101.3 Inst 2 (a & b) Prior Conviction: Charging Document Not Proof Of Conviction
See FORECITE F 3100.3 Inst 2.
F 3101.4 Prior Conviction: Bifurcated Trial—Burden Of Proof Issues
F 3101.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 3100.4 Inst 1.
F 3101.5 Prior Conviction: Bifurcated Trial—Elements And Definitions
F 3101.5 Inst 1 Jury Should Determine Whether The Defendant Is The Person Named In The Documents
See FORECITE F 3100.5 Inst 1.
F 3101.6 Prior Conviction: Bifurcated Trial—Defense Theories [Reserved]
F 3101.7 Prior Conviction: Bifurcated Trial—Preliminary Fact Issues[Reserved]
F 3101.8 Prior Conviction: Bifurcated Trial—Unanimity/Duplicity/Multiplicity[Reserved]
F 3101.9 Prior Conviction: Bifurcated Trial—Lesser Offense Issues[Reserved]
F 3101 Note 1 Prior Conviction: Bifurcated Trial—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 3100 Notes.
CALCRIM 3100 [Prior Conviction: Nonbifurcated Trial]
CALCRIM 3102 [Prior Conviction: Prison Prior]
CALCRIM 3103 [Prior Conviction: Factual Issue For Jury]
Research Notes:
See CLARAWEB Forum, Enhancements and Sentencing Factors —Series 3100.
F 3101 Note 2 Bifurcated Enhancement Trial: No Sua Sponte Duty to Clarify Applicability of Guilt Phase Instructions
In the unpublished portion of People v. Mugica UNPUBLISHED (10/29/92) (G011510), the court held that the trial judge has no sua sponte duty to: 1) Reinstruct upon the presumption of innocence and 2) Clarify which guilt phase instructions apply to the enhancement determination. However, appropriate clarification and reinstruction regarding the guilt phase instructions should be made, especially upon request. (See People v. Babbitt (1988) 45 C3d 660, 718 fn 26; judge should “expressly inform” the jury, in a capital case, which guilt instructions apply]; see also People v. Cooper (1991) 53 C3d 771, 846; People v. Livaditis (1992) 2 C4th 759, 782-84.)
CALJIC NOTE: See FORECITE F 17.26 n1.
F 3101 Note 3 Collateral Challenge To Constitutionality Of Prior
See FORECITE F 3100 Note 2.
F 3101 Note 4 Prior Conviction: Proof Must Be Limited To Court Documents; Live TestimonyImproper
See FORECITE F 3100 Note 3.
F 3101 Note 5 Serious Felony Prior: Chronology Or Procedural Sequence Of The Prior
See FORECITE F 3100 Note 4.
F 3101 Note 6 Prior Conviction May Be Alleged Post-Verdict
See FORECITE F 3100 Note 5.
F 3101 Note 7 Jury Determination Of Factual Issues Related To Prior Convictions
See FORECITE F 3100 Note 6.
