CALCRIM No. 764

The People allege as an aggravating circumstance that (the defendant/

<insert name of defendant>) committed <insert

specific description of alleged offense[s]>.

The People must prove beyond a reasonable doubt that (the defendant/

<insert name of defendant>) committed [each of] the alleged

crime[s]. [Consider each of the alleged crimes separately.] If you have a

reasonable doubt whether (the defendant/ <insert name of

defendant>) committed (the/an) alleged crime, you must completely

disregard any evidence of that crime. If the People have proved that (the

defendant/ <insert name of defendant>) committed (the/an)

alleged crime, you may consider the evidence of that alleged crime as an

aggravating circumstance.

[To decide whether the defendant committed <insert specific

description of alleged offense[s]>, please refer to the separate instructions

that I (will give/have given) you on (that/those) crime[s].]

Each of you must decide for yourself whether the People have proved

that the defendant committed an alleged crime. Y ou do not all need to

agree whether an alleged crime has been proved. If any juror

individually concludes that an alleged crime has been proved, that juror

may give the evidence whatever weight he or she believes is appropriate.

On the other hand, if any juror individually concludes that an alleged

crime has not been proved, that juror must disregard the evidence

completely.

Y ou may not consider any other evidence of alleged criminal activity as

an aggravating circumstance [except for the alleged prior felony

conviction[s] about which I will now instruct you].

New January 2006