Domino

These two petitions challenge denial of motions to dismiss (Pen. Code, § 995) in a special circumstance murder prosecution against two defendants. Petitioners raise a number of objections centering upon the adequacy of the evidence. We accept the contention that the evidence does not support the special circumstance allegations that victim Louis Reyes was killed while defendants were lying in wait. We reject the remaining contentions.

Petitioners are charged by information with two counts of first degree murder (Pen. Code, § 187) with various firearm and great bodily injury enhancements and with the special circumstances that the two murders were committed while lying in wait (Pen. Code, § 190.2, subd. (a)(15)) and that each is one of multiple murder offenses resulting in conviction in this proceeding (Pen. Code, § 190.2, subd. (a)(3)).

Petitioner Domino moved to dismiss all charges pursuant to Penal Code section 995. Petitioner Tapia’s moving papers have not been furnished and he has not described in detail his motion below. However, it appears that he sought to dismiss the lying in wait special circumstance as to each count, the multiple murder special circumstances…