CALCRIM No. 735

§ 190.2(a)(21))

The defendant is charged with the special circumstance of committing

murder by shooting a firearm from a motor vehicle [in violation of Penal

Code section 190.2(a)(21)].

To prove that this special circumstance is true, the People must prove

that:

1. (The defendant/ <insert name or description of

principal if not defendant>) shot a firearm from a motor vehicle,

killing <insert name of decedent>;

2. (The defendant/ <insert name or description of

principal if not defendant>) intentionally shot at a person who was

outside the vehicle;

AND

3. At the time of the shooting, the defendant intended to kill.

[A firearm is any device designed to be used as a weapon, from which a

projectile is discharged or expelled through a barrel by the force of an

explosion or other form of combustion.]

[A motor vehicle includes (a/an) (passenger vehicle/motorcycle/motor

scooter/bus/school bus/commercial vehicle/truck tractor and trailer/

<insert other type of motor vehicle>).]

[The terms (firearm/ [and] motor vehicle) (is/are) defined elsewhere in

another instruction to which you should refer.]

New January 2006