What is the test for a defendant to be found guilty of lying in wait?

and (3) immediately thereafter, a surprise attack on an unsuspecting victim from an advantageous position. (People v. Streeter, supra, 54 Cal.4th at pp. 246-247; People v. Moon, supra, 37 Cal.4th at p. 22.) The purpose of the watching and waiting element is to distinguish those cases in which a defendant acts insidiously from those in which he or she acts out of rash impulse. (See People v. Moon, supra, at p. 24.)

Regarding lying in wait, the jury was instructed with CALCRIM No. 521 as follows:

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