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Name: People v. Bradway
Case #: D040580
Opinion Date: 01/14/2003
Division: 1
Citation: 105 Cal.App.4th 297

The amendment, by ballot initiative, of Penal Code section 190.2, subdivision (a)(15) which changed the wording of the special circumstance from murder committed “while lying in wait” to murder committed “by means of lying in wait” did not render the statute unconstitutionally vague. Any reasonable person considering Bradway’s conduct (going to the victim’s house and waiting until she had her back turned before he hit her on the head with a hammer) would know that those acts constituted murder by means of lying in wait. Therefore, the order dismissing the special circumstance was reversed, and the case was remanded for trial.