People v. Poindexter

Opinion

SEPULVEDA, J.

Defendant, convicted of first degree murder (Pen. Code, § 187, subd. (a)), 1 contends that there was insufficient evidence to support the verdict. 2 Specifically, he argues that certain elements necessary to support lying-in-wait first degree murder 3 were not supported by sufficient evidence. This argument encompasses the issue of whether a “substantial period of watching and waiting,” required for the related lying-in-wait special circumstance, is also required for first degree murder under a lying-in-wait theory. We find, as defendant argues, that a “substantial period…