P. v. Menendez
Defendant Juan Peyton Menendez was found guilty of first degree murder (Pen. Code, 187, subd. (a))[1]and assault with a firearm. ( 245, subd. (a)(2).) With respect to the murder count, the jury found true the special circumstance that defendant intentionally committed the murder while lying in wait within the meaning of section 190.2, subdivision (a)(15) and the enhancement allegation that defendant had intentionally and personally discharged a firearm causing death within the meaning of section 12022.53, subdivision (d). With respect to the assault count, the jury found true the enhancement allegation that defendant had personally used a firearm within the meaning of section 12022.5, subdivision (a). In the sanity phase of defendants trial, the jury found defendant was legally sane when he committed each offense.
Court affirm the judgment.
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