P. v. Nash CA5
A jury found defendants Katila Ann Jean Nash and David Deshawn Moses guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189) and found true the special circumstance that the murder was committed while defendants were engaged in the commission or attempted commission of burglary (§ 190.2, subd. (a)(17)(G)). At the time of the offense, Nash was 15 years old and Moses was 17 years old, and they were tried as adults. Nash was sentenced to 25 years to life in prison, and Moses was sentenced to life in prison without the possibility of parole (LWOP).
This matter is presently before us for consideration for a fourth time. As set forth in our first opinion, before the joint trial on guilt, there was a jury trial on Nash’s competence and she was found competent to stand trial. Nash was 17 years old at the time of her competency trial and she raised two claims on appeal regarding the competency determination, both claims based on her age.
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