Can a defendant be found guilty of murder by lying in wait?

Section 190.2, subdivision (c) allows special circumstance allegations to be made against persons who are not the actual killer, but who, with the intent to kill, aid and abet the killing. (People v. Ybarra (2008) 166 Cal.App.4th 1069, 1085-1086.) The jury was instructed that it was required to consider the special circumstance allegation "separately for each defendant." (CALCRIM No. 700.) And as noted, the jury was instructed that a person commits a murder by lying in wait if, among other things, "[h]e or she intended to kill the person by taking the person by surprise." (CALCRIM No. 728.)