People v. Superior Court (Sims)

Defendants (real parties) Mitchell Sims (Sims) and Ruby Padgett (Padgett) are awaiting trial on charges of murder, attempted murder and robbery stemming from the killing of a Domino’s Pizza delivery man and the robbery of a Domino’s store in Glendale. Accompanying the murder charge are two special circumstance allegations that the murder was committed during the course of a robbery (Pen. Code, § 190.2, subd. (a)(17)(i)) and was committed while lying in wait (Pen. Code, § 190.2, subd. (a)(15)). After a preliminary hearing, defendants were held to answer on all charges, including the special circumstance allegations. Defendants’ motion (Pen. Code, § 995) to set aside the special circumstance allegations and the attempted murder charges was denied as to the robbery special circumstance and the attempted murder counts, but granted as to the lying in wait special circumstance allegation. By this petition, the People seek to have the lying in wait allegation reinstated. For the reasons hereinafter set forth, we grant the petition.

Facts

Defendants are accused of murdering John Harrigan (Harrigan) as he delivered a pizza to their motel room. The killing occurred late on the…