Lying in Wait Special Circumstance: Judge Was Required to Sua Sponte Instruct on Circumstantial Evidence
November 2nd, 2018
In People v. Sandoval (2015) 62 Cal.4th 394 the CSC reversed the lying in wait special circumstance because the trial judge failed to sua sponte instruct, per CJ 8.83 or CJ 8,83.1 that between two reasonable inferences from circumstantial evidence, the jury must choose the inference pointing to innocence: “We … conclude that the prosecution’s […]
Tags: CC 727, CC 728, Murder, Special Circumstances, Sua Sponte