You have found the defendant, [name], guilty of [offense]. The state has accused the defendant of having been convicted of a felony twice before, once for the offense of [insert offense listed in Penal Code section 12.35(c)(2)(A), e.g., [continuous trafficking/continuous sexual abuse of a young child or disabled individual/murder/[other Texas Code of Criminal Procedure article 42A.054(a) offense]]].

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

The range of punishments from which you must assess the defendant’s punishment depends on whether you find the state has proved the prior convictions accusation.

Relevant Statutes—Punishment If Accusation of Prior Convictions “Not True”

If the state does not prove the accusation of a prior conviction is true, this offense is punishable by—

1. any term of confinement in a state jail for no less than 180 days and no more than two years, or

2. any term of confinement in a state jail for no less than 180 days and no more than two years and a fine of no more than $10,000.

Relevant Statutes—Punishment If Accusation of Prior Convictions Proved “True”

If the state proves the accusation of two prior convictions, one for the offense of [insert offense listed in Penal Code section 12.35(c)(2)(A), e.g., [continuous trafficking/continuous sexual abuse of a young child or disabled individual/murder/[other Texas Code of Criminal Procedure article 42A.054(a) offense]]] is true, this offense is punishable by—

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.

[Offense listed in Penal Code section 12.35(c)(2)(A)] is a felony offense.

Burden of Proof

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

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. 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.

If the defendant is sentenced to a term of confinement in a state jail, he will not be subject to release on parole. Further, the term of confinement cannot be reduced by good conduct time earned during that period of confinement.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, five elements of its accusation of two prior convictions, one of which is for [offense listed in Penal Code section 12.35(c)(2)(A)]. The elements are that—

1. the defendant was convicted on [date], in Cause No. [number] in the District Court of [county] County, Texas; and

2. this conviction was for [offense], a felony; and

3. the defendant was convicted on [date], in Cause No. [number] in the District Court of [county] County, Texas; and

4. this conviction was for [insert offense listed in Penal Code section 12.35(c)(2)(A), e.g., [continuous trafficking/continuous sexual abuse of a young child or disabled individual/murder/[other Texas Code of Criminal Procedure article 42A.054(a) offense]]]; and

5. both of these convictions became final before the commission of the offense for which the defendant was convicted in this trial.

You must all agree on elements 1, 2, 3, 4, and 5 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, 4, and 5 listed above, you must find the prior convictions accusation is “not true.” In this event, you are to determine and state in your verdict—

1. the term of confinement in a state jail to be imposed on the defendant for no less than 180 days and no more than two years, or

2. the term of confinement in a state jail to be imposed on the defendant for no less than 180 days and no more than two years and a fine of no more than $10,000.

If you all agree the state has proved, beyond a reasonable doubt, each of the five elements listed above, you must find the prior convictions accusation is “true.” In this event, you are to determine and state in your verdict—

1. the term in prison to be imposed on the defendant for no less than two years and no more than twenty years, or

2. the term in prison to be imposed on the defendant for no less than two years and no more than twenty years and a fine of no more than $10,000.

VERDICT—ACCUSATION OF PRIOR CONVICTION “NOT TRUE”

We, the jury, having found the defendant, [name], guilty of the offense of [offense], find that the accusation of a prior conviction has not 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 PRIOR CONVICTIONS “TRUE”

We, the jury, having found the defendant, [name], guilty of the offense of [offense], find that the accusation of prior 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