People v. Smith

*1141 A jury convicted defendant Floyd Daniel Smith of one count of first degree murder ( Pen. Code, § 187 ), and found true an alleged special circumstance that he committed *11 the murder while lying in wait ( id. , § 190.2, subd. (a)(15) ). The jury also convicted defendant of two counts of attempted voluntary manslaughter ( id. , §§ 664, 192, subd. (a) ), two counts of first degree burglary ( id. , § 459), and one count each of assault with a firearm ( id. , § 245, subd. (a)(2) ), false imprisonment ( id. , § 236), and possession of a firearm by a convicted felon ( id. , former § 12021, subd.…