Silverbrand

A jury convicted defendant of first degree murder (Pen. Code, §§ 187, 189; further statutory references are to this code unless otherwise noted) with personal use of a firearm (§ 12022.5). The jury also found true the special circumstances that defendant killed the victim in retaliation for his testimony in a criminal proceeding (§ 190.2, subd. (a) (10)) and killed the victim while lying in wait (§ 190.2, subd. (a)(15)). Defendant was sentenced to a two-year state prison term for the firearm use plus a consecutive term of life without possibility of parole.

On appeal, he raises numerous allegations of prejudicial error, including a contention that the killing-in-retaliation-for-testimony special circumstance is inapplicable where, as here, the victim gave an oral statement under oath in lieu of a written affidavit in support of a search warrant. (§ 1526, subd. (b) .) We shall affirm the judgment.

In the published portion of this opinion, we conclude that a hearing before a magistrate to obtain a search warrant pursuant to section 1526, subdivision (b), is a “criminal proceeding” within the meaning of the section 190.2, subdivision (a)(10) special circumstance,…