What are the elements of a lying in wait case?

California, United States of America

The following excerpt is from People v. Velasco, B259756 (Cal. App. 2016):

As noted above, the elements peculiar to the special circumstance are a concealed purpose, plus "watchful waiting and a surprise attack upon an unsuspecting victim, either by ambush or by taking the person unaware." (People v. Sims (1993) 5 Cal.4th 405, 434.) "Watchful" means "'alert and vigilant' in anticipation of the victim's arrival to take him or her by surprise." (People v. Streeter (2012) 54 Cal.4th 205, 247.)

"[T]he lying-in-wait special circumstance requires no fixed, quantitative minimum time, but the lying in wait must continue for long enough to premeditate and deliberate, conceal one's purpose, and wait and watch for an opportune moment to attack." (People v. Bonilla (2007) 41 Cal.4th 313, 333.) The special circumstance may be found true if "'the lethal acts [ ] begin at and flow continuously from the moment the concealment and

Page 7

Other Questions

Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would change the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would change the disposition of a defendant in a civil case? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.






Alexi purple


Company

  • About
  • Contact us
  • Press
  • Matters
  • Legal

    • Product

  • How it works
  • Pricing
  • Solo & small firms
  • Midsize firms
  • Large firms
  • In-house counsel

    • Resources

  • Resource hub
  • Sample memos
  • Blog
  • FAQ


    • © Copyright 2023 Alexi Inc. All rights reserved.