If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait?
California, United States of America
The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 461, 364 P.3d 359, 62 Cal.4th 600 (Cal. 2016):
sufficient evidence supports the lying-in-wait special-circumstance finding, it necessarily supports the first degree murder verdict based on the theory of lying in wait. (Cf. People v. Moon, supra, at p. 22, 32 Cal.Rptr.3d 894, 117 P.3d 591.)
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