P.v . Morgan
A jury convicted defendant of the first degree murder of Joe Valenza. The jury also found true a special circumstance that defendant murdered Valenza while lying in wait. The defendant was sentenced to life imprisonment without possibility of parole (LWOP). On appeal, defendant argues that (1) there was insufficient evidence of the watching and waiting and the surprise elements of the lying in wait special circumstance; (2) the lying in wait special circumstance is unconstitutional because it does not sufficiently narrow the class of murders eligible for the death penalty or LWOP; and (3) the trial court erroneously denied him pretrial custody credit. Court conclude that there was sufficient evidence to support the lying in wait special circumstance. Court also conclude that the lying in wait special circumstance comports with the Eighth Amendment. Finally, court determine that the trial court's self correction in awarding the defendant custody credit renders that issue moot. As defendant's assignments of error are without merit, court affirm the judgment.
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