WPIC 50.61.01 Enhanced Sentence—Controlled Substance Violations Under RCW 69.50.435—Statutory D...
11 WAPRAC WPIC 50.61.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 50.61.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part VIII. Drugs and Controlled Substances
WPIC CHAPTER 50.60. Enhanced Sentence—Controlled Substance Violations
WPIC 50.61.01 Enhanced Sentence—Controlled Substance Violations Under RCW 69.50.435—Statutory Defense—Special Verdict
(Insert case caption.)
(This special verdict is to be answered only if the jury finds the defendant guilty of (fill in crime) [as charged in count].)
We, the jury, return a special verdict by answering as follows:
[QUESTION 1: Has the State proved beyond a reasonable doubt that the defendant manufactured a controlled substance
[in a school or on a school bus] [or]
[within one thousand feet of a school bus route stop designated by a school district] [or]
[within one thousand feet of the perimeter of a school ground] [or]
[in a public park] [or]
[in a public housing project designated by a local governing authority as a drug-free zone] [or]
[on a public transit vehicle] [or]
[in a public transit stop shelter] [or]
[at (or within one thousand feet of the perimeter of) a civic center designated by the local governing authority as a drug-free zone]?]
[QUESTION 1: Has the State proved beyond a reasonable doubt that the defendant delivered a controlled substance to a person (insert one of the bracketed locational phrases listed above)?]
[QUESTION 1: Has the State proved beyond a reasonable doubt that the defendant possessed a controlled substance (insert one of the bracketed locational phrases listed above) with intent to [manufacture] [or] [deliver] the controlled substance at any location?]
ANSWER:(Write “yes” or “no”)
(DIRECTION: If you answered “no” to Question 1, sign this verdict. If you answered “yes” to Question 1, answer Question 2.)
QUESTION 2: Has the defendant proved by a preponderance of the evidence that
(a) the defendant's conduct took place entirely within a private residence;
(b) no person under eighteen years of age was present in the private residence at any time during the commission of the offense; and
(c) the defendant's conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance for profit?
ANSWER:(Write “yes” or “no”)
NOTE ON USE
Use this special verdict if it is alleged that the defendant should be subject to enhanced sentencing because the controlled substance offense was committed in an area specified in RCW 69.50.435 and the statutory defense is at issue. If the statutory defense is not at issue, then use WPIC 50.61 (Enhanced Sentence—Controlled Substances Violation under RCW 69.50.435—No Statutory Defense—Special Verdict) instead of this instruction.
Use WPIC 50.60.01 (Enhanced Sentence—Controlled Substance Violations Under RCW 69.50.435—Statutory Defense—Concluding Instruction) with this instruction.
Three separate alternatives are provided for Question 1. Select from among these alternatives depending on whether the State has alleged manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance.
For cases in which the State has alleged more than one “protected zone” location from WPIC 69.50.435(4), the applicable version of question 1 should be repeated for each location that is alleged and supported by the evidence.
Use bracketed material as applicable. Use WPIC 50.62 (School—Definition), WPIC 50.63 (School Bus—Definition), WPIC 50.65 (Public Park—Definition), WPIC 50.66 (Public Transit Vehicle—Transit Authority—Stop Shelter—Definition), and WPIC 50.17 (Sell/Price/For Profit—Definition), as applicable, with this instruction.
See the Comments to WPIC 50.60.01 (Enhanced Sentence—Controlled Substance Violations Under RCW 69.50.435—Statutory Defense—Concluding Instruction) and WPIC 50.61 (Enhanced Sentence—Controlled Substances Violation under RCW 69.50.435—No Statutory Defense—Special Verdict).
[Current as of November 2019.]
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