In what circumstances will the court allow a jury to convict an appellant of lying-in-wait?

California, United States of America

The following excerpt is from State v. Russo, 94 Cal.Rptr.2d 561 (Cal. App. 2000):

In order to find that appellant was guilty of the lying-in-wait special circumstance, the jury necessarily found that one or both of overt acts 8 and 9 were committed. Since there was no realistic possibility of disagreement among the jurors as to the fact or characterization of at least these two overt acts, any error in failure to give a specific unanimity instruction was harmless. (People v. Ramirez, supra, 189 Cal.App.3d at pp. 614-615.)

4. The court properly refused to give accomplice instructions.^*

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