People v. Arriola CA4/1

I. INTRODUCTION

Eduardo Arriola appeals his first degree murder conviction, claiming he lacked competence to stand trial due to his schizophrenia diagnosis. Arriola also argues substantial evidence does not support the jury’s true finding on the lying-in-wait special circumstance. Finally, Arriola asserts the trial court abused its discretion when it declined to dismiss the firearm enhancement attached to his conviction because his life without parole sentence prevents him from endangering the public. We find substantial evidence supported the trial court’s competency determinations and the jury’s finding on the lying-in-wait special circumstance. However, the trial court applied the wrong standard when declining to dismiss the firearm enhancement. We therefore affirm the conviction, vacate the sentence, and remand for resentencing.

II. FACTUAL AND PROCEDURAL BACKGROUND

Arriola and the victim, Devon Rideout, lived in neighboring apartments. Rideout resided on the ground floor, and Arriola occupied the unit above hers, along with his brother and mother. Indeed, the stairs outside of Rideout’s front door led up to the apartment where Arriola lived. From Rideout’s apartment door…