CALCRIM No. 737

(Pen. Code, § 190.25)

The defendant is charged with the special circumstance of murdering

(a/an) (operator/driver/station agent/ticket agent) of (a/an)

<insert name of vehicle or transportation entity specified in Pen. Code,

§ 190.25> [in violation of Penal Code section 190.25].

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

that:

1. The defendant intended to kill <insert name of

decedent>;

2. <insert name of decedent> was (a/an) (operator/

driver/station agent/ticket agent) of (a/an) <insert

name of vehicle or transportation entity specified in Pen. Code,

§ 190.25> performing (his/her) duties;

AND

3. When <insert name of decedent> was killed, the

defendant knew, or reasonably should have known, that

<insert name of decedent> was (a/an) (operator/

driver/station agent/ticket agent) of (a/an) <insert

name of vehicle or transportation entity specified in Pen. Code,

§ 190.25> and that (he/she) was performing (his/her) duties.

New January 2006