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Criminal Jury Instructions

Criminal Jury Instructions Home

2.12 Introduction

New, June 13, 2008

When the state seeks an enhanced penalty due to a prior conviction, the offense must be charged in a two-part information. Practice Book § 36-14. A two-part information does not charge one crime in the first part and a second crime in the second part. The first part relates only to the commission of the crime charged, wholly unrelated to penalty. It is only after the second part has been determined that the penalty attaches to the crime proven under the first part. State v. LaSelva, 163 Conn. 229, 233-34 (1972); State v. Torma, 21 Conn. App. 496, 505 (1972) (enhanced penalty cannot be imposed unless charged in a two-part information).

The existence of a Part B information should not be revealed to the fact-finder so as to not influence the disposition of the claim contained in Part A. State v. Fitzgerald, 257 Conn. 106, 117 (2001). See Practice Book §§ 36-14, 37-10, 37-11 and 39-23 for the rules of court relating to two-part informations. See also State v. Ferrone, 96 Conn. 160, 175 (1921) (discussing the origin of the procedure).
 


 

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