P. v. Nash
In March 2008 a jury found Gerald Michael Nash guilty of one count of willful, deliberate and premeditated murder (Pen. Code,[1] 187, subd. (a), 189). The jury also found true the allegation that Nash personally and intentionally discharged a firearm, resulting in great bodily injury and death ( 12022.53, subd. (d)). The court sentenced Nash to a prison term of 50 years to life, consisting of a 25-year-to-life term for the murder conviction and a consecutive 25-year-to-life term for the firearm enhancement. On appeal Nash asserts (1) the court erred by admitting notes he wrote about kidnapping, torturing and killing victims ( the torture notes) and evidence suggesting he was seeking to change his identity (identity theft evidence); and (2) there is no substantial evidence that the killing was committed with premeditation, deliberation or planning. Court affirm.
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