Mendoza

A jury convicted defendant Ronald Bruce Mendoza of first degree murder (Pen. Code, § 187, subd. (a)), and found true the allegation that he personally used a firearm in commission of the murder (§ 12022.5, subd. (a)). The jury also found true the three special circumstance allegations that defendant intentionally killed a police officer (§ 190.2, subd. (a)(7)), that he committed murder for the purpose of avoiding a lawful arrest (§ 190.2, subd. (a)(5)), and that he intentionally killed the victim by means of lying in wait (§ 190.2, subd. (a)(15)). Thereafter the jury returned a verdict of death. At the sentencing hearing, the trial court struck the lying-in-wait special circumstance and then entered a judgment of death. Appeal to this court is automatic. (§ 1239, subd. (b).)

Because the trial court had no authority to strike a special circumstance found by the jury, we reinstate the lying-in-wait special circumstance. As so modified, the judgment of death is affirmed.

I. Facts

A. The Guilt Phase

At approximately 1:30 a.m. on May 11, 1996, defendant shot Pomona Police Officer Daniel Tim Fraembs in the face and killed him. The evidence included the testimony of an…