People v. Sandoval
Annotate this CaseAfter a jury trial, Defendant was convicted of premeditated murder and attempted murder. The jury found that the murder was committed with the special circumstance that the victim was a peace officer engaged in the lawful performance of his duties and that it was committed by means of lying in wait for the purpose of preventing a lawful arrest. Defendant was sentenced to death. The Supreme Court reversed the special circumstance finding that Defendant committed the murder by means of lying in wait but otherwise affirmed, holding (1) Defendant was prejudiced by the trial court’s failure to sua sponte instruct on circumstantial evidence as it relates to the lying-in-wait special circumstance; and (2) no other prejudicial error occurred.
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