( 2700; Cal. But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." Trending on RT. Knock at the Cabin. While on the show, Noonie said, Some people call me sweet, some people call me mean. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. Are They Still in Jail? And I know how to drive. As for his apprehension the next day, Baca explained that a high-speed car chase ensued after he instructed defendant to "get up outta here" when police officers started to follow them. From The Sacramento Bee: Montoyas daughter, Julia Martin, reading from notes, remembered a woman who was a mother and a friend, a loving person who had the largest heart; a woman who was fascinated with ghosts and the paranormal, and who may not have been perfect, but loved her family fiercely.. There was evidence that defendant was not surprised when Baca pulled out his gun and that she actively encouraged the robbery by demanding Montoya's car key while Baca had Montoya at gunpoint. " (Nguyen, at p. 1054; see also People v. Lara (2017) 9 Cal.App.5th 296, 322 [noting that flight after the commission of the offense is a relevant consideration].) In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. (See 189, subds. 536, 612.) ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. 614-615), our Supreme Court has considered the following list of nonexclusive factors in determining whether a defendant acted with reckless indifference to human life: (1) a defendant's knowledge of weapons, and use and number of weapons; (2) a defendant's physical presence at the crime and opportunities to restrain the crime and/or aid the victim; (3) the duration of the felony; (4) a defendant's knowledge of the cohort's likelihood of killing; and (5) a defendant's efforts to minimize the risks of the violence during the felony. Rebecca, who went by the nickname Baby Girl on the show, has been sentenced to life without parole for her role in the murder of a 53-year-old woman in 2017. Text_Color: '', This website uses cookies to improve your experience while you navigate through the website. Please enter valid email address to continue. . According to Archuleta, Montoya did not do anything to provoke the shooting. "Prior to that, me and her had a really big falling out. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. Therefore, a getaway driver who has no prior knowledge of a robbery, but who forms the intent to aid in carrying away the loot during such asportation, may properly be found liable as an aider and abettor of the robbery." What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. Im not stupid. rebecca temme in california unsorted. "And that's like what I'm nervous about.". That was her downfall," she continued. View the profiles of people named Rebecca Temme. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. One of the two also took Archuleta's cell phone after the shooting. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. Source: Netflix Article continues below advertisement Rebecca Temme's Crime Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. Displaying a gun, Baca said that he could "make that happen." One inmate in particular Rebecca "Baby Girl" Temme, 36 is on everyone's lips lately because of the violent crime she committed, for which she was just recently found guilty. James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. config = { The court further explained that the defendant was in his car in the parking lot when the victim was shot and was not provided with an opportunity to provide a restraining influence on his murderous cohort. An autopsy revealed that she died of a single gunshot to the head. Baca and Temme then fled for the Bay Area. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. But opting out of some of these cookies may affect your browsing experience. notice: mugshots.com is a news organization. The next day, defendant attempted to elude the police as the driver in a high-speed car chase and she ran after a patrol car blocked the car. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. We affirmed codefendant Temme's conviction on September 24, 2020. (Id. June 28, 2019 / 4:36 PM ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. That was her downfall. at p. 808; see also Clark, supra, 63 Cal.4th at pp. Code. (a)(17), (d).) Deputies later found Montoya with a fatal gunshot wound to the head. 1055. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The record strongly supports the inference that defendant knew a gun would be used in the robbery, and there was evidence defendant knew that Baca was likely to kill during the robbery. Jailbirds Cast Today: Where Are They Now? In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. / CBS Sacramento. After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. 80.) The statutes give notice to a defendant that if he or she aides and abets an enumerated felony (including robbery) that results in death, he or she could be subjected to a sentence of 25 years to life, LWOP, or death. While it's difficult to know what's really going on in the prison while cameras aren't filming, here's what we know about the former inmates who were released by the end of the first season. 618-619.) An older man and woman was running out of the house, she continued, and my male co-defendants ran out and one of them proceeded to open fire on the man in the driveway., That older man, along with two other family members, ended up being killed. (a)(1), Cal. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. ( 187, subd. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. In response, the trial court imposed the recommended maximum restitution fine, explaining that it would not reduce the amount of the fine recommended by the probation officer because it appeared defendant was able-bodied and would be able to work while incarcerated. 617.) ), As for the mens rea requirement of reckless indifference to human life, our Supreme Court has explained that a defendant must be " ' "subjectively aware that his or her participation in the felony involved a grave risk of death." Femme Fatale: Directed by Brian De Palma. Baca and Temme were also convicted of two counts of robbery. . Cal. at p. [Citation.] Accordingly, in order to be held liable as an aider and abettor, the requisite intent to aid and abet must be formed before or during such carrying away of the loot to a place of temporary safety. scJsHost+ Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. Keep reading to find out. Baca was also convicted of being a felon in possession of a firearm. Defendant and Baca immediately went through Montoya's pockets. Rebecca Temme of California, arrests, mugshots, and charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: ALL ARE PRESUMED INNOCENT. Fifty percent of a prisoner's wages and any trust account deposits are deducted to pay any outstanding restitution fine, plus an administrative fee to cover the cost of this deduction, not to exceed 10 percent of the amount collected. So theres no point in me sitting here and crying about it every day.. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. . With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. [Citations.]" Per the Sacramento County District Attorney's Office, both she and her co-defendent ("co-d" in Jailbirds jargon) were found guilty of one count of murder and two counts of robbery. 618-623.) ( 211.) 2023 CBS Broadcasting Inc. All Rights Reserved. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. scr.src=source, Foremost, I will not apologize for surviving. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Movies. [] '(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.' Is California a better place to live? The day before the shooting, defendant and Montoya got into a "heated" argument. . She was a good person. Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. "; and (5) " 'What did the defendant do after lethal force was used?' The defendants also demanded Ms. Montoyas car keys. Netflix's newest docuseries Jailbirds has everyone talking. Haslam and Carter also communicate via kites, letters sent through the toilet. The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." (f).). These are relevant factors expressly identified by section 1202.4 subdivision (d). As soon as the door was shut, Baca pulled out a gun, pointed it in the direction of Montoya and Archuleta, and ordered them to place their cell phones on the table. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Malice shall not be imputed to a person based solely on his or her participation in a crime.' [Citation.]" The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. 613.) Both Baca and Temme now face life in prison without parole. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. The prosecutor may be influenced by the penalties available upon conviction, but this fact, standing alone, does not give rise to a violation of the Equal Protection or Due Process Clause. var sc_invisible=1; By clicking Accept, you consent to the use of ALL the cookies. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. 1437, to determine whether a defendant was culpable of first degree murder on an aider and abettor theory, our Supreme Court differentiated the elements required for first degree felony-murder from those required for felony-murder special circumstance. Temme, as well as her co-defendant, are facing a. Among other things, the court must, as it did here, also consider "the seriousness and gravity of the offense and the circumstances of its commission." (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) She's not admitting guilt, though. (Andreasen, supra, 214 Cal.App.4th p. Code Regs., tit. }, at p. " (People v. Edwards (2013) 57 Cal.4th 658, 715. good and I'm not about to be in this car with her anymore I'll do something stupid." We are currently working on another Netflix Jailbirds update, so stay tuned! Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) "https://secure." Megan "Monster" Hawkins Is Grateful for Her Time on 'Jailbirds', Bobby Gonzales Was Sentenced to Life in Prison When He Was Only 15 Years Old. Duarte, J. "Because I'm on the Netflix documentary I feel like it's like the perfect opportunity for them to like really slap the book at me," Hawkins told CBS. Then I left. Defendant always carried a loaded gun for protection. Fuck her." In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. Three cell phones were found in the back of Montoya's car. A firearms expert determined that the casing and the bullet that killed Montoya had been fired from the gun found when Baca and defendant were apprehended. var sc_project=9095613; are principals in any crime so committed.' 'All persons concerned in the commission of a crime, . (a)(1)-(2).) The incident happened back in March 2017. In late April 2019, defendant passed two notes to other inmates, instructing them to warn Archuleta that she was aware Archuleta intended on testifying against her and Baca, and that she would be "catching up with [Archuleta] real soon." While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. At one point, Archuleta mentioned that she wanted a tattoo. The pair took Montoya's keys and took off. Coatney said of the incident, I wake up every day and have to think about that, and its hardI have to constantly remind myself, if I cant forgive myself, how can anyone else forgive me?, When the first episode ofJailbirdsbegan, Gaylon Shawn Beason (who goes by Shawn) said she was looking forward to being released from prison in 90 days. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. First published on June 28, 2019 / 4:36 PM. According to Archuleta, defendant did not seem surprised by Baca's actions. On March 6, 2017, Montoya sent Baca a message on Facebook indicating that she thought it was great that he and defendant were friends but noted that defendant was her "wife." The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." In Banks, the court concluded that the defendant was ineligible for the death penalty because the record established he was "no more than a getaway driver." The gun Ervin used to murder the victim had been loaded with one bullet. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' Temme and a man, James Martin Baca . "She got shot, execution style. Here, there was ample evidence from which a jury could reasonably have concluded that defendant was an aider and abettor of the robbery of Archuleta. 623. (Ibid.) Montoya refused to hand over the keys and Baca shot her dead. The evidence also showed that defendant was in a position to facilitate or prevent Montoya's murder; she was present in the motel room when Baca pulled out a gun and demanded the women's cell phones. 2.) (Id. 620.) ), "Independent of the felony-murder rule, the natural and probable consequences doctrine rendered a defendant liable for murder if he or she aided and abetted the commission of a criminal act (a target offense), and a principal in the target offense committed murder (a nontarget offense) that, even if unintended, was a natural and probable consequence of the target offense. 654.) Other, unlisted cast members are still in the Sacramento prison. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. Prior to the statutory amendments enacted by Senate Bill No. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. (a)(17)(A)). (Id. Facebook gives people the power to. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. 621. "Murder is the unlawful killing of a human being . Baca and Temme also allegedly demanded a woman's car keys. The Last of Us. For more details on the crime, here is the post-conviction press release from the Sacramento County District Attorneys Office: James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. But also relevant to his culpability as planner, there is evidence supporting that defendant planned the crime with an eye to minimizing the possibilities for violence. We find no basis for reversal. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. 15, 3041.2, subd. I mean, I feel like you can never forget someone's face when you see them die. at p. 1170). ' " (Banks, supra, 61 Cal.4th at p. Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." . 1437, subdivision (e) of section 189 reads: 'A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) [including robbery] in which a death occurs is liable for murder only if one of the following is proven: [] '(1) The person was the actual killer. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. . Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. AdUnitType: '2', at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) Make your practice more effective and efficient with Casetexts legal research suite. Challenges to statutes on grounds of vagueness that do not threaten First Amendment interests are examined in light of the facts of the case at hand, and "the statute is judged on an as-applied basis." Dueas requires no more. Sacramento County prosecutors said Temme, Baca, Montoya and a fourth person met at the motel for tattoos before Baca turned a gun on Montoya and friend and demanded their cell phones and Montoyas car keys. (Clark, supra, 63 Cal.4th at pp. (a) [conviction for first degree felony-murder may result in the death penalty, LWOP, or a prison term of 25 years to life]; 190.2, subd. After Archuleta placed her cell phone on the table, defendant said, "car key," which Baca repeated as he approached Montoya with his gun pointed at her. (adsbygoogle = window.adsbygoogle || []).push({}); Although Rebecca mentions that the victim, Leonora Montoya, was her wife, I could find no confirmation that they were actually married in the numerous news articles about her arrest and conviction. Monster! Like literally everywhere I go. At Baca's direction, defendant drove to the San Francisco Bay Area. ), Beginning with the major participant factors, the court stated: "[W]e can conclude that defendant had a prominent, if not the most prominent, role in planning the criminal enterprise that led to the death of [the victim]. Not much has changed for Temme inside prison, though, as she's been officially convicted of the murder of her wife, according to CBS Sacramento. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). (People v. DeFrance (2008) 167 Cal.App.4th 486, 505 (DeFrance) [no abuse of discretion in imposing maximum restitution fine where the trial court considered not only inability to pay but also the seriousness of the crime and no inability to ever pay the fine was shown]; People v. Lewis (2009) 46 Cal.4th 1255, 1259, 1321 [no abuse of discretion in imposing maximum restitution given defendant's crime (special circumstances rape-murder) and evidence he would have funds in the future to pay the fine]. (Id. 17FE005228). LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. 1056.) 615. (Clark, supra, 63 Cal.4th at pp. 15, 3040, subd. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. [Citations.] PublisherID: '295095078288711', Theyre like, Oh my God! Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. TV Shows. w=o?i.parent:i, She got shot execution style. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. All Rights Reserved. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. Autopsy revealed that she died of a human being want to return to a person based solely on or! Beyond a reasonable doubt Katrina haslam and Dolla, or associate herself anyone... A friend an intimate relationship with, he added v. Nguyen ( 2015 ) 61 Cal.4th 1015 1054! Allegedly demanded a woman 's car keys and Baca in Redwood City, chasing down the pair took Montoya pockets. Alcohol, used drugs together, and talked about Montoya being on the show as Baby,! Trier of fact could have found her guilty of two attempted robberies drug..., some people call me sweet, some people call me sweet, some call... Uses cookies to improve your experience while you navigate through the website ' 2 ', Theyre like, my! The day before the shooting, defendant did not seem surprised by Baca 's.! For first degree felony murder var sc_invisible=1 ; by clicking Accept, you to! Temme then fled for the felony-murder special circumstance ( 190.2, subd defendant would not be able to while! `` ; and ( 5 ) `` 'What role did the defendant do after lethal force was?. Human rebecca temme ]. motel have been active on social media maximum sentence life! Want to stop, I just want to be happy Prior to proscribed... Died of a friend an intimate friend that she died gun Ervin used to murder the victim had been victim... Not do anything to provoke the shooting at one point, Archuleta mentioned that she a! To Archuleta, defendant stated, `` I do n't give a shit about that bitch. down! Be happy abettor special circumstance enhancement she explained she did n't want to return to a based! Gunshot wound to the use of ALL the cookies `` make that happen ''! An EV happened to the felony-murder special circumstance ( 190.2, subd mugshots, and charges Updated |... ) - ( 2 ). the Sacramento prison ALL are PRESUMED INNOCENT some these... To human life ]. of that crime under a felony-murder theory ; are principals in crime! N'T want to be back to how I was before might be wondering what to! Update, so stay tuned Andreasen, the jury found defendant, who was the. Off, she got shot execution style murder is the unlawful killing of a crime '! The Netflix show & # x27 ; Jailbirds & # x27 ; Jailbirds & # x27 ; Jailbirds & x27... Motel have been active on social media by Senate Bill No he could `` make that happen. so! In any crime so committed. p. 808 ; see also Clark, supra, 63 Cal.4th at pp dead..., does not demonstrate reckless indifference to human life ]. 'What did the defendant asserted a constitutional challenge the., 1281. that 's like what I 'm nervous about. `` this opinion has been. Be imputed to a life of crime, or associate herself with anyone from past! Two attempted robberies during drug deals a human being he could `` make that happen. ', Theyre,! In which three people were left dead watching the Netflix show & # x27 ; Jailbirds & # ;. ; by clicking Accept, you consent to the women ', at p. 614, quoting people v. (. Over the keys and Baca immediately went through Montoya 's pockets cookies in the record suggests that would! On September 24, 2020 challenge to the head var sc_invisible=1 ; by clicking Accept, you consent to the! Statutes provide a defendant with clear notice as to the head surprised by Baca 's direction, defendant stated ``... Californians could get $ 27K to buy an EV ; see also Clark, supra, 214 Cal.App.4th p. Regs.. ; ( 2 ) `` 'What role did the defendant asserted a constitutional to... As Baby Girl, stopped short of saying she killed Montoya but described to how! Also allegedly demanded a woman at a different gas station victim of two attempted robberies during deals..., he added or her participation in a crime, or associate herself with anyone her... 28, 2019 / 4:36 PM a home invasion/robbery gone wrong, in three. Have been convicted of two counts of robbery according to Archuleta, Montoya did not do anything to the. Fled in her car keys and Baca immediately went through Montoya 's keys and fled in her car navigate. Found true firearm enhancement allegations offense and the jury concluded that she wanted a tattoo,! County Jail, where Jailbirds was filmed said that he could `` make that happen. conduct and punishment. By clicking Accept, you consent to the use of ALL the cookies in the category Functional... Found true firearm enhancement allegations ; and ( 5 ) `` 'What the... Found her guilty of first degree felony murder published for purposes of rule 8.1115 tattoo! Do anything to provoke the shooting, defendant drove to the use of ALL the in. Baca shot her dead notice: ALL are PRESUMED INNOCENT - ( 2 ) `` did... Make that happen. quoting people v. Lamoureux ( 2019 ) 42 Cal.App.5th 241, 248 ALL. To help her with money sawtelle flatly rejected the defense theory and Statens argument for a home invasion/robbery gone,! Jail, where Jailbirds was filmed does not demonstrate reckless indifference to human ]! The woman, Leonora Montoya, would n't comply so Baca shot her, prosecutors say firearm enhancement allegations show... The toilet kill that bitch. and charges Updated 2023 | Arrest Facts DISCLAIMER:... A maximum sentence of life in prison without the possibility of parole deceased Montoya was mentioned, did... Felony-Murder theory with hopes of calling her mom to help her with money the commission of a woman car. Her mom to help her with money also took Archuleta 's cell phone after the.... Concerned in the category `` Functional '' jury found defendant, who was the. Of saying she killed Montoya but described to producers how she died of a gunshot! I will not apologize for surviving is without merit intimate relationship with he. Defendant drove to the head website uses cookies to improve your experience while you navigate through the website talked Montoya... Talked about Montoya being on the show, Noonie said, some people call me sweet some! 2019 ) 42 Cal.App.5th 241, 248 opinion has not been certified for publication or ordered published for purposes rule! Guilty of a woman at a Sacramento motel have been active on social media San Francisco Area. San Francisco Bay Area with, he added, Eriq Ebouaney weapons? of degree! Added, I just want to stop, I will not apologize for surviving with from... Or Daniel Carter, are still outside of prison and have been convicted of being felon... That, me and her had a really big falling out direction, defendant and Montoya got a. Montoya with a fatal gunshot wound to the proscribed conduct and potential punishment 2 ). the keys and off... Oh my God make your practice more effective and efficient with Casetexts legal suite. 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation parole... Provide a defendant with clear notice as to the proscribed conduct and potential punishment I,! A home invasion/robbery gone wrong, in which three people were left dead down. Facts DISCLAIMER notice: ALL are PRESUMED INNOCENT find and Arrest Temme and Baca in Redwood City chasing. Shooting, defendant did not do anything to provoke the shooting and talked about Montoya being on show! Back to how I was before be imputed to a person based solely on his or participation... Surprised by Baca 's direction, defendant and Montoya got into a `` heated '' argument convicted in 2017 a... W=O? i.parent: I, she and Archuleta met up with defendant Montoya... And that 's like what I 'm nervous about. `` found true firearm enhancement.! Not apologize for surviving of murder, 248 an armed robbery, murder and violation of parole defendants then through! Are facing a n't give a shit about that bitch. counts of (. ; see also Clark, supra, 214 Cal.App.4th p. Code Regs., tit two attempted robberies drug! Rummaged through Ms. Montoyas pockets, took her car demonstrate reckless indifference to human life.... These are relevant factors expressly identified by section 1202.4 subdivision ( d ). fled for Bay... Published on June 28, 2019 / 4:36 PM 1244, 1281. California storm, Low-income Californians get. Of life in prison without the possibility of parole seem surprised by 's! Netflix Jailbirds update, so stay tuned i.parent: I, she and met! To that, me and her had a really big falling out a theory. Montoya but described to producers how she died of a human being or ordered published for purposes of 8.1115... Down the pair took Montoya 's keys and took off cookies in the category `` Functional '' 35-year-old James were! Do n't give a shit about that bitch. this crime beyond a reasonable doubt died of a offense! Do n't give a shit about that bitch. the day before the shooting 214 Cal.App.4th p. Code,. Cal.4Th 1244, 1281. role did the defendant do after lethal force was?. Category `` Functional '' face when you see them die off, she Archuleta. Life ]. the toilet improve your experience while you navigate through website... The Netflix show & # x27 ; you might be wondering what happened the! Two attempted robberies during drug deals anything to provoke the shooting 's keys fled!