Robbins

*664 A jury found defendant and appellant Eric David Robbins guilty of first degree murder ( Pen. Code, § 187, subd. (a) ) 1 , and attempted murder ( §§ 187, subd. (a), (664) ). The jury found true the allegations that (1) the murder was committed by means of lying in wait (§ 190.2, subd. (a)(15)); (2) the attempted murder was committed willfully and with premeditation and deliberation (§ 189); and (3) during the murder and attempted murder, defendant personally and intentionally discharged a firearm proximately causing death to another person (§ 12022.53, subd. (d)). The trial court sentenced defendant to prison for a term of life without the possibility of parole, plus a consecutive term of 25 years to life.

Defendant raises nine issues on appeal. First, defendant contends the attempted murder conviction is not supported by substantial evidence. Second, defendant contends the transferred intent theory argued by the prosecution is inapplicable to the lying-in-wait special circumstance.

Third, defendant contends the trial court erred by refusing to instruct on heat of passion voluntary manslaughter. Fourth, defendant contends the trial court erred by refusing to instruct on heat…