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Angelique Nash in Kern Country Superior Court in August 2013.

Angelique Nash, convicted of murdering an 81-year-old east Bakersfield woman in 2010 when she was 17, may soon be eligible for release following a state appellate court ruling on Monday that could cut her prison sentence by 18 years. 

"I fully believe she is innocent. I do not believe this conviction was ever warranted," said Michelle Peterson, the appellate attorney for Nash.

Prosecutors said Nash was a lookout while her younger sister, Katila Nash, and another teen, David Deshawn Moses, went into Session's home on Camino Sierra, believing it was empty and intending to burglarize it. But the pair unexpectedly found Session home, and Moses beat her because they didn't want to leave a witness, prosecutors said.

All three were eventually found guilty of Session's murder, though Angelique Nash's trials twice ended in a mistrial before a conviction in 2013. She was sentenced to 25 years to life in prison.

Katila Nash, who was 15 when the Session murder happened, was also sentenced to 25 years to life but was released early from prison in December under a similar situation resulting from changes in youth prosecution laws.

Though she never went into Session's home, Angelique Nash was found liable for Session's murder under the felony murder doctrine, which allowed anyone involved in a crime that causes a death to be held responsible.

In 2015, Angelique Nash won an appeal that threw out the special circumstances that led to her first-degree murder conviction because the evidence didn't show she was a major participant in the burglary. However, she was not eligible for resentencing.

But a new state law, SB 1437, which took effect in 2019, allowed those previously convicted under the felony murder doctrine to petition for resentencing.

Last year, Angelique Nash filed another appeal for reconsideration under the new law but a Kern County Superior Court judge ultimately ruled SB 1437 was unconstitutional.

That decision was reversed Monday by the Court of Appeals, Fifth Appellate District, in a 2-1 opinion that cited numerous other recent appellate decisions that found SB 1437 constitutional.

"There’s no evidence to support murder anymore and what’s left is a burglary charge," said Peterson, Nash's appellate attorney. Since Nash had already served more than what she would be sentenced to for that burglary, she is likely to be released. However, the Kern County District Attorney's office has the option to request a rehearing or appeal to the California Supreme Court.

The Kern County District Attorney's Office issued a statement saying that SB 1437 was the state legislature's way of amending the law of murder and undoing decades of voter-approved propositions that fought for just sentencing and victim’s rights, including Proposition 7, that specifically mandated an increased punishment for murder.

"Under the law as applied today, these co-participants to murder and inherently dangerous crimes are granted the right to have their justly obtained murder convictions wiped away and to be sentenced anew as if the murder simply did not happen," said District Attorney Cynthia Zimmer in the statement.

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(23) comments

She Dee

If DA Zimmer has extra time on her hands, she can find other cases and connect more of those dots that lead to rounding up more than just one person. I hear her specialty is tax fraud. She's gonna have a field day this year!

Veritas

Masked and casones both have made racists comments in the past, especially against Hispanics. Then she makes comments like in this discussion pretending she cares about people ‘of color’, as she puts it. You aren’t fooling anyone, and at least casones is open about it.

Zeppo

If blacks are called "people of color" are whites "people of no color?"

Zeppo

To everyone: It's pointless to comment to Masked 2020. He's a nut case.

Masked 2020

oh Vicass 17.......that's rich coming from the PointedHoodedOne

Vico17

Sorry, but I'm not a DemocRat. Wrong again.

Masked 2020

I realize this is a child of color and the murder of a elderly white woman.....But Really Bakersfield!!... the local DA should of never gone for blood and allowed it to get to this point in the first place...the injustice is to put Dorothy’s family through all this again.........On April 14, 2010, Katila Nash and David Deshawn Moses entered Session’s house in the 1500 block of Camino Sierra. They thought it was empty and planned to burglarize it. Upon finding Session home, Moses hit her then he, Nash and Nash’s sister, Angelique Nash, ran from the neighborhood. Angelique Nash had stayed outside to act as a lookout. They left Session bleeding on the floor. She later died…. She stood outside…..she did what her older sister told her to do… kids look to their older siblings for direction…..... [In the United States, 14–15 years old is often called Freshman year]…punish the child yes…but saying a 14 year old child is a woman is also just creepy……. And folks in the Rabbit Hole using a child to pivot and distract from Trumps failed Pandemic response is immoral…pretty sure all of MaskedMike and NakedDon’s little minions and have just stood by and watched as thousands of little ole ladies died horrible Covid deaths……slowly suffocating………

Vico17

It must be horrible and disgusting to see everything through race.

Gene Pool Chlorinator

Yorkies: Congratulations- this is the most idiotic post you've ever made- and that says something...

Of course, you (and all your minions) try to turn this into a racial issue from the start (your first sentence), then you copy and paste (your usual), then blame criminal activity on "looking to older siblings for direction". THEN you manage to try and claim this whole thing is a conspiracy to take people's mind off of Trump and COVID-19?

I'm going to be nice here and express my sorrow at the severe head trauma you experienced at sometime in your life. My prayers are with you that you are able to make a full recovery someday...

Take action Now

Someday “The Star Chamber” will become a reality and the targets will be Judges, lawyers, politicians and members of their families. And it may even already exist. So beware. True equal justice will prevail. The Mafia is a very close match to a Star Chamber.. Mark my words - beware.

Masked 2020

Dr. Zippy...... it that in the ole or New Testament......."Have compassion for victims of crime............NOT the criminals!"

Take action Now

Ask Dorothy Session if a murder was committed. This country is out of control thanks to Judges, lawyers and politicians who live in their gates communities. What’s going on here is the same as if someone was DUI and killed someone. You can’t convict! Why? Because the driver did not intend to kill anyone while driving, it just happened. Sure she was involved in a burglary, with no intent of murder, but it happened. Therefore she is an accessory to murder and should e treated as such.

Zeppo

Have compassion for victims of crime............NOT the criminals!

oopsthereitis

Oh come on.......just kids out having fun.

Zeppo

People of ANY color who do this should be in prison for LIFE!

Ledzepplin4800

That’s what you got that 2 Amendment right for get it out

Airbrushjay

And people wonder why criminals keep commiting crimes....

2carpoor

Not even the courtesy of the murdered 81 year old woman's first name. Like she didn't count. I'll tell you what, when the 81 year old walks out her front door and onto the porch of her house, these three hooligans should go free. Only 15? Old enough to know better. Shame on all of them. Still no remorse? Stay longer.

Vico17

Thank you for thinking of the actual victim.

Masked 2020

what happened to Dorothy Session was horrible.....Nash was a fifteen year old lookout for a home burglary gone wrong...locking up a 15 year old for life wont bring Dorothy back...there needed to be a better way to punish her...and not the gallows, Old Sparky or the chopping block ....

Gene Pool Chlorinator

@Yorkies: It's people like YOU that have created this environment where criminal behavior is excused by using tired old-school Rose Bird talking points and supporting judges and politicians that care more about a criminal's rights than the law-abiding citizen's.

I hope you're happy- but more importantly, I hope you never have to deal with a situation similar to what Dorothy Session's family has to live with. It might actually cause you to rethink your position...

Vico17

Indefensible 81 year-old ladies' lives matter.

I81YLLM

Zeppo

Correct!

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