CALCRIM No. 737. Special Circumstances: Murder of Transportation Worker (Pen. Code, § 190.25)

Judicial Council of California Criminal Jury Instructions (2020 edition)

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737.Special Circumstances: Murder of Transportation Worker
(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
BENCH NOTES
Instructional Duty
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].)
This special circumstance alone does not provide for the death penalty. (People v.
Marks (2003) 31 Cal.4th 197, 234 [2 Cal.Rptr.3d 252, 72 P.3d 1222].) However, if
the defendant is also convicted of a special circumstances listed in Penal Code
section 190.2(a), the defendant may be eligible for the death penalty. (Ibid.; see also
Pen. Code, § 190.25(c).)
AUTHORITY
• Special Circumstance. Pen. Code, § 190.25.
SECONDARY SOURCES
3 Witkin & Epstein, California Criminal Law (4th ed. 2012) Punishment, § 542.
514
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 87, Death
Penalty, § 87.14 (Matthew Bender).
738-749. Reserved for Future Use
HOMICIDE CALCRIM No. 737
515

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