George

A jury found Ronald Harrison George guilty of first degree murder (Pen. Code, § 187) while lying in wait (Pen. Code, § 190.2, subd. (a)(15)) and guilty of conspiracy to commit murder (Pen. Code, § 182). He was sentenced to life imprisonment without possibility of parole. On appeal, he asserts insufficiency of the evidence, insufficient corroboration of an accomplice’s testimony, error in admitting the accomplice’s testimony, instructional error and sentence error.

Facts

Discussion

1. Sufficiency of the Evidence.

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5. Sentence Error.

As indicated at the outset of this opinion, the jury found appellant guilty of murder in the first degree and found the alleged special circumstance of lying-in-wait to be true. Accordingly, the trial court sentenced appellant to life imprisonment without possibility of parole pursuant to section 190.2, subdivision (a)(15).

Appellant makes a three-pronged attack on his sentence. He contends (1) that section 190.2 is unconstitutional on its face; (2) that the trial court lacks jurisdiction to impose a life sentence without possibility of parole in a non-capital case; and (3) that the matter must be remanded for resentencing. We reject…