California, United States of America
The following excerpt is from People v. Torres, D075060 (Cal. App. 2020):
3. Torres does not challenge the sufficiency of the evidence supporting his first degree murder conviction under a lying-in-wait theory. However, "[i]f we find that 'the evidence supports the special circumstance, it necessarily supports the theory of first degree murder.' " (People v. Nelson (2016) 1 Cal.5th 513, 550.)
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