[The following instruction uses a second-degree felony as the base offense, as an example. The range of punishment and possibly the parole instruction would need to be altered for cases with a different degree of felony.]

You have found the defendant, [name], guilty of [offense]. The state has accused the defendant of having been convicted of two prior, sequential final felony convictions.

The defendant has pleaded that this accusation is “not true.”

The range of punishment depends on whether you find appellant has two properly sequenced prior felony convictions, one prior felony conviction, or no prior felony convictions. Any prior conviction must have been final prior to the commission of the offense for which you have found the defendant guilty.

Relevant Statutes—Punishment If Accusation of Two Sequential Felony Convictions Proved “True”

If the state proves that the defendant has two prior felony convictions, that they are both final, and that they were committed sequentially (that is, the later conviction was for an offense that was committed after the earlier conviction became final), this offense is punishable by any term of imprisonment for no less than twenty-five years and no more than ninety-nine years or life.

Relevant Statutes—Punishment If Accusation of One Felony Conviction Proved “True”

If the state fails to prove the sequential allegation described above but proves that the defendant has at least one prior final felony conviction, this offense is punishable by—

[Insert range of offense enhanced under Texas Penal Code section 12.42(a), (b), or (c), e.g.,

1. any term of imprisonment for no less than five years and no more than ninety-nine years or for life, or

2. any term of imprisonment for no less than five years and no more than ninety-nine years or for life and a fine of no more than $10,000].

Relevant Statutes—Punishment If Neither Accusation Proved True

If the state does not prove either of its prior conviction accusations, this offense is punishable by—

[Insert range of charged offense, unenhanced, e.g., for a second-degree felony,

1. any term of imprisonment for no less than two years and no more than twenty years, or

2. any term of imprisonment for no less than two years and no more than twenty years and a fine of no more than $10,000].

Other Relevant Statutes

[Offense] is a felony offense.

Burden of Proof

The state must prove, beyond a reasonable doubt, the prior convictions accusation.

[Include the following if the offense is one under Texas Code of Criminal Procedure article 37.07, section 4(b).]

Parole and Good Conduct Time

The length of time for which a defendant is imprisoned may be reduced by the award of parole.

Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may earn early parole eligibility through the award of good conduct time. Prison authorities may award good conduct time to a prisoner who exhibits good behavior, diligence in carrying out prison work assignments, and attempts at rehabilitation. If a prisoner engages in misconduct, prison authorities may also take away all or part of any good conduct time earned by the prisoner.

Under the law applicable in this case, if the defendant is sentenced to a term of imprisonment, the defendant will not become eligible for parole until the actual time served plus any good conduct time earned equals one-fourth of the sentence imposed or 15 years, whichever is less. Eligibility for parole does not guarantee that parole will be granted.

It cannot accurately be predicted how the parole law and good conduct time might be applied to this defendant if sentenced to a term of imprisonment, because the application of these laws will depend on decisions made by prison and parole authorities.

You may consider the existence of the parole law and good conduct time. However, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular defendant. You are not to consider the manner in which the parole law may be applied to this particular defendant.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, its accusation of two properly sequenced, prior felony convictions, only one prior felony conviction, or no prior felony convictions.

The elements of these accusations are that—

1. the defendant was convicted on [date of first alleged felony conviction], in Cause No. [number] in the District Court of [county] County, Texas for [offense of first alleged felony conviction], a felony, and it was final before the commission of the offense for which the defendant was convicted in this trial;

2. the defendant was convicted on [date of second alleged felony conviction], in Cause No. [number] in the District Court of [county] County, Texas for [offense of second alleged felony conviction], a felony, and it was final before the commission of the offense for which the defendant was convicted in this trial;

3. the conviction in element 1 became final before the commission of the offense in element 2.

If you all agree the state has proved, beyond a reasonable doubt, elements 1, 2, and 3, you must find the accusation of two sequential felony convictions “true” and complete the verdict form below titled “Verdict—Accusation of Two Sequential Felony Convictions ‘True.’”

If you all agree the state has failed to prove, beyond a reasonable doubt, some part of the two-sequential-felony-convictions accusation (element 1, 2, or 3), but you all agree the state has proved, beyond a reasonable doubt, at least one alleged prior felony conviction (element 1 or 2), you must find the accusation of one prior conviction “true” and complete the verdict form below titled “Verdict—Accusation of One Prior Conviction ‘True.’”

If you all agree the state has failed to prove, beyond a reasonable doubt, any accusations of prior convictions, you must find the accusations “not true” and complete the verdict form below titled “Verdict—Accusation of Prior Convictions ‘Not True.’”

VERDICT—ACCUSATION OF TWO SEQUENTIAL FELONY CONVICTIONS “TRUE”

We, the jury, having found the defendant, [name], guilty of the offense of [offense], find that the accusation of two sequential felony convictions has been proved true. We assess the defendant’s punishment at: (select one)

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Foreperson of the Jury

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Printed Name of Foreperson

VERDICT—ACCUSATION OF ONE PRIOR CONVICTION “TRUE”

We, the jury, having found the defendant, [name], guilty of the offense of [offense], find that the accusation of two sequential felony convictions has not been proved true but that the accusation of at least one prior conviction has been proved true. We assess the defendant’s punishment at: (select one)

[Insert range of charged offense, enhanced by one prior conviction under Texas Penal Code section 12.42(a), (b), or (c), e.g.,

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Foreperson of the Jury

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Printed Name of Foreperson

VERDICT—ACCUSATION OF PRIOR CONVICTIONS “NOT TRUE”

We, the jury, having found the defendant, [name], guilty of the offense of [offense], find that no accusation of prior convictions has been proved true. We assess the defendant’s punishment at: (select one)

[Insert range of charged offense, unenhanced, e.g.,

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Foreperson of the Jury

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Printed Name of Foreperson