Is a defendant who committed a murder perpetrated by means of lying in wait guilty of first degree murder?

Second, as defined in section 189, murder perpetrated by means of lying in wait is not the definitional equivalent of premeditated murder. An accused who committed murder perpetrated by means of lying in wait is guilty of first degree murder even if the accused did not have a premeditated intent to kill the victim. (Cf. People v. Ruiz (1988) 44 Cal.3d 589, 614, 244 Cal.Rptr. 200, 749 P.2d 854.) Defendant's contention to the contrary would render superfluous the specific inclusion in section 189 of murder perpetrated by lying in wait. (Cf. Steger, supra, 16 Cal.3d at p. 546, 128 Cal.Rptr. 161, 546 P.2d 665.)