The People, Plaintiff and Respondent v. Sergio Dujuan Nelson, De — Corrigan, J., Concurring in Part and Dissenting…

Summary

Justice Corrigan concurred in the judgment but dissented from the conclusion that the evidence was insufficient to support the lying-in-wait special circumstance. She reasoned that the defendant’s concealment of his bicycle, approach from behind, and shooting of unsuspecting victims supported an inference that he watched and waited long enough to form the equivalent of premeditation and deliberation. The opinion is a separate writing and therefore states no controlling holding.