Mataele

Opinion of the Court by Cantil-Sakauye, C. J.

A jury convicted defendant Tupoutoe Mataele of the murder of Danell Johnson, the attempted murder of John Masubayashi, and conspiracy to commit the murders of Johnson and Masubayashi. (Pen. Code, §§ 187, subd. (a), 664, subd. (a), 182, subd. (a).)1 The jury found true a special circumstance allegation that defendant committed the murder while lying in wait. (§ 190.2, former subd. (a)(15).) The jury also found true an allegation that defendant was armed with and personally used a firearm in the commission of each offense. (§§ 12022, subd. (a)(1), 12022.5, subd. (a).) Allegations that defendant suffered a prior strike conviction and a prior serious felony conviction were found true. (§§ 667, subd. (a), 1170.12, subds. (a)–(d).) Following a penalty trial, the jury returned a verdict of death. The trial court denied defendant’s motions to set aside the death verdict and for a new trial, and sentenced defendant to death. It also sentenced him to a life term plus nine years for the attempted murder count, the firearm enhancements, and the prior serious felony conviction. The court stayed the sentence on the conspiracy count pursuant to…