You have found the defendant, [name], guilty of [offense]. The state has accused the defendant of having been convicted of a crime once before.

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

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

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

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

1. a fine of no more than $4,000, or
2. a term of confinement in the county jail for no more than one year, or
3. both a fine of no more than $4,000 and a term of confinement in the county jail for no more than one year.

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

If the state proves the accusation of a prior conviction is true, this offense is punishable by—

1. a fine of no more than $4,000, or
2. any term of confinement in the county jail for no less than ninety days and no more than one year, or
3. both a fine of no more than $4,000 and a term of confinement in the county jail for no less than ninety days and no more than one year.

Burden of Proof

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

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, three elements of its accusation of a prior conviction. The elements are that—

1. the defendant was convicted on [date], in Cause No. [number] in the [County/District] Court of [county] County, Texas; and
2. this conviction was for [offense], a [class A misdemeanor/felony]; and
3. this conviction 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, and 3 listed above.

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

1. any fine to be imposed on the defendant of no more than $4,000, or
2. a term of confinement in the county jail to be imposed on the defendant for no more than one year, or
3. both a fine to be imposed on the defendant of no more than $4,000 and a term of confinement in the county jail to be imposed on the defendant for no more than one year.

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

1. any fine to be imposed on the defendant of no more than $4,000, or
2. a term of confinement in the county jail to be imposed on the defendant for no less than ninety days and no more than one year, or
3. both a fine to be imposed on the defendant of no more than $4,000 and a term of confinement in the county jail to be imposed on the defendant for no less than ninety days and no more than one year.

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 CONVICTION “TRUE”

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

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson