P. v. Medina CA3
A jury found defendant Nicholas Medina guilty of first degree murder (Pen. Code, § 187), premeditated attempted murder (§§ 664/187), and shooting at an inhabited dwelling (§ 246), and sustained a lying-in-wait special circumstance (§ 190.2, subd. (a)(15)) and an armed with a firearm allegation (§ 12022, subd. (a)(1)). The trial court sentenced defendant to life without the possibility of parole plus 17 years to life.
On appeal, defendant contends the trial court erred in failing to give an accomplice instruction, there was insufficient evidence to support lying in wait as a theory of first degree murder or a special circumstance, the lying-in-wait special circumstance violated the federal Constitution by being indistinguishable from the lying-in-wait theory of first degree murder, and imposition of sentence on the shooting at an occupied building count should have been stayed pursuant to section 654. We shall affirm.
Comments on P. v. Medina CA3