Russo

Certified for Partial Publication. [*] Review Granted July 26, 2000.

A jury convicted appellant Susan Lee Russo of the first degree murder of her husband, David Russo, in violation of Penal Code section 187 [1] (count one), conspiracy to commit murder in violation of sections 182 and 187 (count two), and soliciting another, to wit, Cecilia Martin, to commit and join in the commission of the murder of Bobby Morris in violation of section 653f, subdivision (b) (count three). In addition, the jury found true two special circumstances allegations: appellant killed the victim while lying in wait within the meaning of section 190.2, subdivision (a)(15), and appellant killed the victim for financial gain within the meaning of section 190.2, subdivision (a)(1). Finally, on the conspiracy count the jury found that at least one of ten alleged overt acts was committed.

Codefendants Bobby Morris and Jason Andrews were jointly tried with appellant. Each was charged with the murder of David Russo in count one and with conspiracy to commit murder in count two, along with the special circumstances allegations. The jury found Morris guilty of first degree murder, but deadlocked on…