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People v. Fayed

Evidence of the killer’s lying-in-wait supported the special circumstance for defendant who was prosecuted as an aider and abettor.

Defendant was convicted of capital murder as a direct aider and abettor. He argued the evidence was insufficient to support the lying-in-wait special circumstance. While there was evidence of defendant’s intent to kill, he argued the evidence of the actual killer’s intent could not be imputed to him. However, the evidence was sufficient to support the special circumstance finding.

____ Cal.5th ____, ____ Cal.Rptr.3d ____, 2020 D.A.R. 2951 (2020) April 02, 2020 (S198132)

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