What is the evidence of a lying in wait murder?

Third, the People argue that the evidence of lying in wait was "strong." We cannot agree. "Lying-in-wait murder consists of three elements: '"'(1) a concealment of purpose, (2) a substantial period of watching and waiting for an opportune time to act, and (3) immediately thereafter, a surprise attack on an unsuspecting victim from a position of advantage . . . .' [Citations.]"' [Citation.]" (People v. Russell (2010) 50 Cal.4th 1228, 1244, fn. omitted.) There was evidence of concealment of purpose namely the empty knife boxes, which indicated that defendants and their cohorts armed themselves in advance. However, any period of watching and waiting was brief, at best.

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