Supreme Court of California

In an automatic appeal of a death sentence for conviction of attempted premeditated murder of Alvaro Lopez and the murder, Pen. Code sections 664 and 187, with true findings of a lying-in-wait special-circumstance allegation, section 190.2(a)(15), and that defendant personally used a firearm, sections 1203.06(a)(1) and 1192.7(c)(8) (former section 12022.5), the judgment is affirmed over challenges to: 1 ) guilt phase issues involving sufficiency of evidence, restriction on cross-examination, and jury instruction error; and 2) penalty phase issues involving admissibility, exclusion and sufficiency of evidence, and the constitutionality of the death penalty and the lying-in-wait special circumstance.

Appellate Information

• Published 2016/02/04

Judges

• WERDEGAR

Court

• Supreme Court of California

Counsel