PEOPLE v. SMITH

No. S065233.

4 Cal.5th 1134 (2018)

THE PEOPLE, Plaintiff and Respondent, v. FLOYD DANIEL SMITH, Defendant and Appellant.

Supreme Court of California.

May 21, 2018.


Attorney(s) appearing for the Case

Michael J. Hersek and Mary K. McComb , State Public Defenders, under appointments by the Supreme Court, Barry P. Helft , Chief Deputy State Public Defender, Joseph E. Chabot , Jamilla Moore and Elias Batchelder , Deputy State Public Defenders, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Xavier Becerra , Attorneys General, Dane R. Gillette and Gerald A. Engler , Chief Assistant Attorneys General, Gary W. Schons and Julie L. Garland , Assistant Attorneys General, Annie Featherman Fraser , Gil Gonzalez , Holly D. Wilkens , Kimberley A. Donohue and Allison V. Acosta , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

A jury convicted defendant Floyd Daniel Smith of one count of first degree murder (Pen. Code, § 187), and found true an alleged special circumstance that he committed the murder while lying in wait (id., § 190.2, subd. (a)(15)). The jury also convicted defendant of two counts of attempted voluntary...

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