What is the test for a jury to determine whether a defendant committed a deliberate and deliberate murder by lying in wait?

Moreover, the jury was instructed in connection with premeditation and deliberation that "[a] decision to kill made rashly, impulsively, or without careful consideration is not deliberate and premeditated." (CALCRIM No. 521.) It was also instructed on lying in wait as an alternative theory of first degree murder liability and returned a true finding on the special circumstance allegation that she killed Green "by means of lying in wait." (CALCRIM No. 728.) " '[L]ying in wait [is] the functional equivalent of proof of premeditation, deliberation, and intent to kill.' [Citation.] Thus, a showing of lying in wait obviates the necessity of separately proving premeditation and deliberation" (People v. Hardy (1992) 2 Cal.4th 86, 162, 5 Cal.Rptr.2d 796, 825 P.2d 781 ) or intent to kill (People v. Ruiz (1988) 44 Cal.3d 589, 614, 244 Cal.Rptr. 200, 749 P.2d 854 ). Provocation cannot negate first degree murder by lying in wait. (People v. Battle (2011) 198 Cal.App.4th 50, 75, 129 Cal.Rptr.3d 828.)