7-1-23	405.06

405.06	ARGUMENT OF COUNSEL AS TO EXISTENCE OF SPECIFIC ADDITIONAL FACT(S) THAT MUST BE PROVEN BEYOND A REASONABLE DOUBT BEFORE SENTENCING

The attorneys will now have the opportunity of arguing the case to you regarding whether the specific additional fact(s) (has) (have) been proven beyond a reasonable doubt. Their arguments are not evidence.
	Bear in mind that it is your duty to be governed in your deliberations by the evidence as you remember it, the reasonable inferences that you believe should be drawn therefrom, and the law as given in these instructions.
	It is your duty, and yours alone, to render such verdict under the law and the evidence as in your reason and conscience is true and just.
	The state’s attorney must open the argument. The defendant’s attorney may then argue the case. The state’s attorney may then reply. No further argument is permitted by either side.

Notes on Use
     1.	This is new. This instruction will be used in the second stage of a trial when the jury must make a finding as to whether one or more additional specific facts were proven beyond a reasonable doubt to establish an enhanced range of punishment.
     2.	This instruction will be the last instruction given in this stage of the trial before argument of counsel.