Heilman

After months of harassing his ex-girlfriend, appellant Thomas John Heilman went to her place of employment in a rental car and waited for her to arrive. When the hapless victim arrived, Heilman confronted her with a loaded pistol, shot her in the stomach at point-blank range, ripped the public phone from the wall so she could not call for help, and fled.

Following a court trial, Heilman was convicted of first degree murder with the use of a firearm (Pen. Code, §§ 187, 189, and 12022.5, subd. (a)), violating a court order (§ 273.6, subd. (a)), and stalking (§ 646.9).

Heilman appeals, contending the evidence is insufficient to support his first degree murder conviction, that the stalking statute is unconstitutionally vague, and that the standard of reasonable doubt expressed in section 1096 is unconstitutional. We find his contentions wholly without merit and affirm.

Statement of Facts

On September 9, 1992, Heilman waited for Janice Davis to arrive at her place of employment at the Sorrento Towers office building in San Diego. Heilman encountered Davis in an elevator while she was on her way to the office. Heilman placed a .38-caliber pistol into her midsection and shot…