People v. Smith

Introduction

An information filed in the Fresno County Superior Court charged appellant with two counts of murder (violation of Pen. Code, § 187, a felony). The information further alleged appellant’s use of a deadly and dangerous weapon during the commission or intended commission of the offense.

Special circumstances were charged on both counts for multiple murder under Penal Code section 190.2, subdivision (a)(3). Count I included a further special circumstance for intentionally killing a victim while lying in wait within the meaning of Penal Code section 190.2, subdivision (a)(15).

After trial commenced the People made an oral motion to amend the information to add the special circumstance of lying in wait to count II, but the trial court never made a ruling on the issue.

The jury returned verdicts finding appellant guilty of the murders, in the first degree, of DeAnn Skaggs and her unborn child, and found to be true the allegation of appellant’s personal use of a dangerous and deadly weapon and the special circumstances alleged in the information. In addition, the jury specifically found true, with respect to count II of the information, the special circumstance…