What is the test for the doctrine of lying in wait in a murder trial?

The trial court instructed the jury on three theories of first degree murder including lying in wait.³ ( 189 ["All murder which is perpetrated by means of . . . lying in wait" is first degree murder.]; see People v. Streeter (2012) 54 Cal.4th 205, 246-247.) Defendant argues it was error to instruct the jury on lying-in-wait murder because the theory lacked evidentiary support. Defendant asserts the evidence failed to establish a substantial period of watching and waiting. Defendant does not contest the sufficiency of the evidence of premeditation and deliberation or felony murder, the other two theories supporting first degree murder.

We apply the following standard of review: "A trial court must instruct the jury on every theory that is supported by substantial evidence, that is, evidence that would allow a reasonable jury to make a determination in accordance with the theory presented under the proper standard of proof. (See, e.g., People v. Crew (2003) 31 Cal.4th 822, 835.) We review the trial court's decision de novo. In so doing, we must determine whether there was indeed sufficient evidence to support the giving of a lying-in-wait

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