People v. Ceja

Opinion

ARABIAN, J.

Defendant was convicted of first degree murder. The jury was allowed to consider two theories of first degree murder: (1) a deliberate *1137and premeditated killing; and (2) murder by means of lying in wait. The Court of Appeal found insufficient evidence to support the theory of lying in wait and therefore reversed the conviction. We granted review to determine whether there was sufficient evidence of lying in wait and, if not, whether reversal is required in light of the remaining valid theory of first degree murder. (Cf. People v. Green (1980) 27 Cal.3d 1 [164 Cal.Rptr. 1, 609…