735.Special Circumstances: Discharge From Vehicle (Pen. Code,
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
1. (The defendant/
principal if not defendant>) shot a ﬁrearm from a motor vehicle,
2. (The defendant/
principal if not defendant>) intentionally shot at a person who was
outside the vehicle;
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/
[The terms (ﬁrearm/ [and] motor vehicle) (is/are) deﬁned elsewhere in
another instruction to which you should refer.]
New January 2006
The court has a sua sponte duty to instruct on the elements of the special
circumstance. (See People v. Williams (1997) 16 Cal.4th 635, 689 [66 Cal.Rptr.2d
573, 941 P.2d 752].)
• Special Circumstance. Pen. Code, § 190.2(a)(21).
• Motor Vehicle Deﬁned. Veh. Code, § 415.
• Special Circumstance Is Constitutional. People v. Rodriguez (1998) 66
Cal.App.4th 157, 172 [77 Cal.Rptr.2d 676].