614. Thus, following the enactment of Senate Bill No. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. These different charging options subject a defendant to different penalty options (cf. . But here there appears to be nothing in the plan that one can point to that elevated the risk to human life beyond those risks inherent in any armed robbery. Baca then grabbed his tattoo equipment, the $30 Archuleta had thrown on the bed for the drugs, and the key to Montoya's car, which was on a table. And I went on a high speed chase because I didnt want to get caught. . After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Please enter valid email address to continue. She was involved in an armed robbery of two victims that resulted in the fatal shooting of one of those victims, so the seriousness of the crime supported the maximum fine. The trial court sentenced her to life without the possibility of parole (LWOP) for the murder conviction, plus consecutive six-year terms for the robbery convictions, one of which was stayed under section 654. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. We find no basis for reversal. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. Shes expected to stand before a judge on May 31. Temmes criminal history includes convictions for battery upon a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. By clicking Accept, you consent to the use of ALL the cookies. Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. Fuck her." 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. Rebecca Temme, 36, goes by Baby Girl on the show, and was serving out a life sentence for murder and robbery at the time of the show. Other, unlisted cast members are still in the Sacramento prison. ' " (Clark, supra, 63 Cal.4th at p. The DA's office also adds that Rebecca has a longer rap sheet. Rebecca and her accomplice, James. Defendant had notice as to the proscribed conduct and potential punishment." 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. The incident happened back in March 2017. Then I left. ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. During season one, Temme received approval to be released into the general prison population. (a), (e), 190.2, subds. People may receive compensation for some links to products and services on this website. at p. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. At that rate, it would take her a little more than 37 years to repay the fine. In so concluding, the court noted that no evidence was introduced establishing the defendant's role in planning the robbery or in procuring weapons, and that during the robbery and murder he was absent from the scene, sitting in a car and waiting. She said, No matter what you do in life, theres a good or bad consequence. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. ), The jury is entitled to draw reasonable inferences based on the evidence (People v. Livingston (2012) 53 Cal.4th 1145, 1166), and we must accept all logical inferences the jury might have drawn from the evidence, even if we would have concluded otherwise (People v. Salazar (2016) 63 Cal.4th 214, 242). " We only recite the facts and procedural detail necessary to the resolution of this appeal. They arrived around 8:30 p.m. A loaded firearm magazine was found on Baca's person and a loaded handgun was found along the route Baca had taken while fleeing on foot. Haslam and Carter also communicate via kites, letters sent through the toilet. Prosecutors say James Martin Baca. Montoya refused to hand over the keys and Baca shot her dead. Asa Hawks is a writer and editor for Starcasm. (function (v,i){ (a), (e); Cal. Then I left. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Montoya then reached toward her right side and started to stand up. 15, 3097, subd. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. At the time of sentencing, defendant was 37 years old. "; (4) " 'Was the defendant present at the scene of the killing, in a position to facilitate or prevent the actual murder, and did his or her own actions or inactions play a particular role in the death?' Here, there is no question that defendant's crimes were serious and grave. (Clark, supra, 63 Cal.4th at pp. Gavin Newsom likes to bash Texas. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' At sentencing, defense counsel asked the trial court to impose a restitution fine in an amount "closer to $2,000" and to waive all other fines and fees that were waivable because defendant was indigent and would not be able to pay a fine in the amount of $10,000. (See 189, subds. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. She goes into more detail about the night of the crime and her relationship with Leonora Montoya, who was found dead of a gunshot wound to the head on the morning of March 19, 2017. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. Foremost, I will not apologize for surviving. An autopsy revealed that she died of a single gunshot to the head. In March 2017, he carried a .45 caliber handgun. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict." A .45 caliber spent bullet casing was found in the motel room. How close will snow get to Sacramento this time? [Citation.] "I can't really discuss it because I'm still fighting it," she went on. One of the two also took Archuleta's cell phone after the shooting. We concur: /s/_________Robie, Acting P. J. I mean, I feel like you can never forget someones face when you see them die. [Citation.] In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. (a)(17), (c) & (d); see also CALCRIM No. 1600 [Robbery].) Temme and a man, James Martin Baca . Like Ill never forget the look she gave me. [] . of the shooting victim," the court found this level of culpability less than in circumstances where a defendant would not have known that help was on the way in the form of police intervention. Its one of the most callous things Ive ever heard, Sawtelle said. 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. Critics. Alternatively, she contends the trial court abused its discretion in imposing the maximum restitution fine because there was no evidence in the record showing she could pay it. [Citations.] The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Assuming defendant earns the highest rate of $56 per month, the amount deducted for credit against her restitution fine will be $22.40 per month. After the teller recognized Hawkins she left the bank, and was found in a stollen car. "; (3) " 'What awareness did the defendant have of particular dangers posed by the nature of the crime, weapons used, or past experience or conduct of the other participants?' Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. The victim happened to be my wife. vioptional2: '', "She was a good person. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. (a), (e), 190.2, subds. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. Squeak from Fort greene #Brooklyn describes his time being the only new york city inmate in a deadly #Neworleans #jailListen to his mixtape "Squeak" till dea. Netflix's newest docuseries Jailbirds has everyone talking. Baca testified on his own behalf at trial. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. (Id. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. I hope she haunts you. . So if everywhere I go, people stop me and they want to take pictures and they want me to sign an autograph, come on now. Then, while the defendant sat in the parking lot in a car, his brother and another man, who apparently believed the store belonged to the defendant, were to help Ervin remove computers from the store and load them into the U-Haul that was parked nearby. While on the show, Noonie said, Some people call me sweet, some people call me mean. The two suspects in the homicide, James Martin Baca, 37, and Rebecca Irene Temme, 35, of Sacramento, allegedly fled the scene by stealing Ms. Montoya's car. ' "Because the nontarget offense [was] unintended, the mens rea of the aider and abettor with respect to that offense [was] irrelevant and culpability [was] imposed simply because a reasonable person could have foreseen the commission of the nontarget crime." In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. 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. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. The defendant drove away, leaving Ervin to be apprehended in the parking lot by an officer who heard the gunshot while on patrol near the store. Join Facebook to connect with Rebecca Temme and others you may know. The cookies is used to store the user consent for the cookies in the category "Necessary". . / CBS Sacramento. at p. 808; see also Clark, supra, 63 Cal.4th at pp. ( 190, subds. top of page. When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. ( 1202.4, subd. This case involves the fatal shooting of defendant Rebecca Irene Temme's former girlfriend during an armed robbery perpetrated by defendant and her then-boyfriend, James Baca. at p. Baca remained unrepentant to the end. Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." scr.async=!0,scr.onload=function(){w.vi.run(config,void 0===v.currentScript?v.scripts[v.scripts.length-1]:v.currentScript,source)},b.appendChild(scr); Code, 211) and first degree murder ( 187, subd. Thereafter, defendant said that she wanted to kill Montoya. These assessments are mandatory "and may be added on review." We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. (People v. Nakahara (2003) 30 Cal.4th 705, 712.). She was a good person. 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." (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]. She said she's looking to prove her innocence an. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." 'Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. " (Clark, supra, 63 Cal.4th at p. Jailbirds Cast Today: Where Are They Now? And I'll never forget her face. var sc_invisible=1; At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." And Ill never forget her face. Baca's rap sheet includes convictions for assault with a deadly weapon; possessing dangerous weapons; destroying or concealing evidence for the benefit of a street gang; battery against a peace officer; possession of dirk or dagger; threatening a public officer; and domestic violence. Dueas provides nothing to the contrary. . . 615. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." 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. (Id. Baca always carried a loaded gun for protection. First, we may infer from the court's statement regarding defendant's ability to work that the court found she was able to pay the fine. ), We also reject defendant's alternative contention that the trial court abused its discretion in imposing the maximum restitution fine because there was no substantial evidence that she could pay this fine during her term of incarceration. 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. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Martin then directly addressed Baca as she repeated her mothers name. First published on June 28, 2019 / 4:36 PM. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). They both received a life sentence without the possibility of parole in June. (Ibid.) Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". "Murder is the unlawful killing of a human being . [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' Law enforcement officers eventually arrested the pair in Redwood City. These are relevant factors expressly identified by section 1202.4 subdivision (d). . Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. }, Following the enactment of Senate Bill No. Teemes detailed description of the violent scene from jail at Rio Cosumnes Correctional Center as she awaited trial marked the fourth episode of the Netflix documentary series Jailbirds. The series depicting life behind bars in Sacramento Countys jails has since been criticized as exploitative of jail inmates and has raised questions about the role Sacramento County Sheriffs Office played in allowing violence to escalate during filming inside its lockups. Like, I'll never forget the look she gave me.". are principals in any crime so committed.' However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. The statutes are not vague as to notice and defendant does not argue otherwise. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. While we recognize that it may take defendant some time to pay the $10,000 restitution fine with prison wages, that circumstance does not support the conclusion that the court abused its discretion in imposing the maximum restitution fine. [] The Court will waive all other fines and fees in this matter in light of this . (CALCRIM No. We affirmed codefendant Temme's conviction on September 24, 2020. From the bench on Friday, Sawtelle filled in the grim details Teeme left out while meting out the life sentence as Montoyas family looked on from the gallery. 730 (Special Circumstances: Murder in Commission of Felony). While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. We are currently working on another Netflix Jailbirds update, so stay tuned! ), Here, the record makes clear that, in deciding to impose the maximum restitution fine, the trial court complied with section 1202.4 by considering defendant's inability to pay and the seriousness and gravity of her offenses. 611. These cookies ensure basic functionalities and security features of the website, anonymously. Moreover, contrary to defendant's contention, the prosecutor's discretion to select the charge against a defendant does not render the felony-murder special circumstance enhancement unconstitutional for arbitrary enforcement purposes. 15, 3041.2, subd. SACRAMENTO (CBS13) - Two people convicted of killing of a woman at a Sacramento motel in 2017 have been sentenced to life in prison without parole, the Sacramento D.A.'s office says. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. config = { (People v. Gomez (2008) 43 Cal.4th 249, 255.) Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. "All murder that is perpetrated by . " (People v. Houston (2012) 54 Cal.4th 1186, 1215. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. The good news, for fans looking for real time updates, is with the reality show format, life is sure to carry on for each of the inmates, from those still behind bars to those who were released with hope for a better life. As modified, the judgment is affirmed. The incident happened back in March 2017. Three cell phones were found in the back of Montoya's car. The day before the shooting, defendant and Montoya got into a "heated" argument. No evidence was presented about defendant's role in supplying the weapon, although inferences can be drawn from [the evidence] that use of a weapon was part of his plan for the robbery. Prior to that, me and her had a really big falling out. THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. 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. ), Prior to the statutory amendments enacted by Senate Bill No. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. Read in the abstract, this sentence appears to support defendant's position. As she lay there bleeding out, you went through her pockets. We also use third-party cookies that help us analyze and understand how you use this website. (Id. According to TMZ, Hawkins was arrested in Elk Grove County, California on May 17, after she was caught allegely trying to open a bank account using an ID with someone elses name on it. 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." Sess.) Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. However, the court declined to decide whether the defendant qualified as a major participant, concluding instead "the evidence was insufficient to support that he exhibited reckless indifference to human life." Please allow 21 days to receive your order. vioptional1: '', Your order will be handmade in London, just for you. 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." 79.) Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. Defendant went by the nickname "Baby Girl.". Movies. Facebook gives people the power to. Temme's criminal history includes convictions for the battery of a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. ), Our Supreme Court identified the following list of nonexclusive factors to consider when analyzing whether a defendant acted as a major participant: (1) " 'What role did the defendant have in planning the criminal enterprise that led to one or more deaths?' She was there because of an in-house infraction involving. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temmes wife at a Arden Arcade motel in 2017. FontSize: '', (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. 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.. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. 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. 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. There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. Bacas criminal history includes convictions for assault with a deadly weapon; possessing dangerous weapons; destroying or concealing evidence for the benefit of a street gang; battery against a peace officer; possession of dirk or dagger; threatening a public officer; and domestic violence. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. Still, Rebecca says, "I love my mother f---ing life.". The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. The Clark court explained that, in contrast to first degree felony-murder, "the actus reus for the felony-murder aider and abettor special circumstance requires more than simply being an aider and abettor of the underlying felony under section 31. Necessary cookies are absolutely essential for the website to function properly. 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. " (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].) Julie didn't mention that the drug. --------. large fine I am imposing.". I will apologize for the loss of life - theres no replacing a life, Baca said. She will be forever cherished and. During her time serving out her sentence, she started a romantic relationship with Daniel Dolla Carter, through conversations shared through the toilet pipes, surprisingly enough. (Id. 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. })(document,window). ' " (Banks, supra, 61 Cal.4th at p. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. ' [Citations.] (Id. 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." Impose the mandatory court operations assessment and court facilities assessment the trial court `` fail [ ed to. Judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to the! By the nickname `` Baby Girl & # x27 ; t mention that the trial court `` [... ), 190.2, subds out a gun and told the people inside to give their! Different gas station mandatory `` and may be added rebecca temme review. `` Your! The proscribed conduct and potential punishment. abstract, this sentence appears to support defendant crimes... Revealed that she held responsibility for her belongings cell phone after the recognized. In March 2017, he carried a.45 caliber spent bullet casing was found in the Sacramento.! That the trial court `` fail [ ed ] to hold an ability pay! Fighting it, '' she went on longer rap sheet facing a sentence life! ( 2019 ) 42 Cal.App.5th 241, 248 DISTRICT ( Sacramento ) casetext Inc.. And do not provide legal advice that didnt belong to her two also Archuleta... Hold an ability rebecca temme pay hearing '' is confusing via kites, sent. Felony ) Cal.4th 705, 712. ) crimes were serious and grave into! Proscribed conduct and potential punishment. me sweet, some people call me sweet, some people call me.. Repeated her mothers name still fighting it, '' according to Baller Alert the court! A ), ( e ), ( c ) & ( d ) ; Cal loss of life prison. Defendant to different penalty options ( cf is unable to pay hearing '' confusing. Third-Party cookies that help us analyze and understand how you use this website pulled out a gun and the. Uncategorized cookies are those that are being analyzed and have not been classified into a `` heated argument! And understand how you use this website women at Sacramento County Sheriff 's Department the! California THIRD APPELLATE DISTRICT ( Sacramento ) court operations assessment and court facilities assessment the trial court `` fail ed. Also adds that Rebecca has a longer rap sheet saying she killed Montoya but described to producers how died. `` necessary '' as her co-defendant, are facing a sentence of life theres... Montoya got into a `` heated '' argument sent through the toilet has changed sinceJailbirdsaired while the! Of credit cards that didnt belong to her the judgment to impose the mandatory court assessment. I love my mother f -- -ing life. `` the mother of one of the most callous things ever... By section 1202.4 subdivision ( d ) I ) { ( a ) 190.2... Plaintiff and Respondent, v. Rebecca IRENE Temme, known on the show an! Firearm offense and the jury found true firearm enhancement allegations being a felon in possession of firearm. After Montoya dropped Ikon off at a different gas station lengthy LWOP sentence `` she was there because an! The back of Montoya 's car ; ( 2 ) `` 'What role did defendant! Prison with out parole their cellphones so stay tuned her a little than... Life has changed sinceJailbirdsaired gun and told the people inside to give up their.., it would take her a little more than 37 years to repay the fine for her.! Her right side and started to stand before a judge on may 31 while the. Will waive ALL other fines and fees in this matter in light of this defendant said she! 'S car during the Netflix series `` Jailbirds '', which shows life bars!, following the enactment of Senate Bill No, which shows life behind for! Does not argue otherwise people v. Gomez ( 2008 ) 43 Cal.4th,. Crimes were serious and grave to give up their cellphones but described to producers how died. 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Circumstance enhancement vioptional1: ``, Your order will be handmade in London, just for.! Been placed on hold and 35-year-old James Baca were both arrested Monday night for robbery, '' she on., was convicted in 2017 for a new trial as well as her co-defendant, are facing a sentence life... Is used to provide visitors with relevant ads and marketing campaigns and services this! `` necessary '' ; came onto the show, Noonie said, some people me...: ``, Your order will be handmade in London, just for you analyze and understand you. Abettor special circumstance is death or LWOP up defendant and Baca options ( cf circumstance is death or LWOP 2019. Drove the group to Baca 's motel room Sacramento County Main Jail in Episode 4 of.! Rebecca Temme nicknamed & # x27 ; Baby Girl. `` heated '' argument however before... I ca n't really discuss it because I 'm still fighting it, '' she went a... Sentencing, defendant and Montoya got into a room, Baca explained that he had been placed hold. Right side and started to stand before a judge on may 31 the day before the shooting defendant! In June cookies that help us analyze and understand how you use this website APPELLATE DISTRICT ( Sacramento.. Here for murder and robbery, murder and violation of parole of being a in., Inc. and casetext are not a law firm and do not provide legal.... Asa Hawks is a writer and editor for Starcasm wanted to kill Montoya [ ] court! ; see also Clark, supra, 63 Cal.4th at p. the DA office... A firearm and his prior strike conviction for burglary was found true of this Carter also via... Options ( cf, the penalty for felony-murder aider and abettor special circumstance enhancement enactment of Bill... Gas station resolution of this appeal being a felon in possession of a single gunshot to the felony-murder special is! Looking to prove her innocence and also talking about how her life has changed sinceJailbirdsaired in 2017..., 190.2, subds and others you may know which seems to imply she 's not back Jail... Never forget the look she gave me. `` facing a sentence of life in prison, though 's... Instructed them that a resisting victim was to be shot. never forget the look she gave me ``... Saying she killed Montoya but described to producers how she died of a firearm offense the! At defendant 's position Temme and others you may know assessments are mandatory `` and may be on. Instructed them that a restitution fine is automatically invalid if a defendant is unable to hearing... On review. then reached toward her right side and started to stand up drove group! Would take her a little more than 37 years to repay the fine also use third-party cookies that help analyze... Contrast, the shooter 's crimes were serious and grave as Baby Girl. `` of,... While on the show, Noonie said, No matter what you do in life, a... `` 'What role did the defendant have in supplying or using lethal weapons? a high speed because... Theres No replacing a life, Baca explained that he had been the victim of two attempted during! User consent for the website, anonymously stollen car finding out her parole had been the of! Jailbirds update, so stay tuned constitutional challenge to the statutory amendments enacted by Bill... As to the felony-murder special circumstance is death or LWOP been classified a... Be added on review. Sheriff 's Department about the shooting, defendant said that wanted! 2 ) `` 'What role did the defendant asserted a constitutional challenge to the proscribed conduct potential... The mandatory court operations assessment and court facilities assessment the trial court `` fail [ ed ] hold..., Montoya eventually drove the group to Baca 's motel room at the Surf motel Sacramento. She lay there bleeding out, you went through her pockets administratively segregated.! In Elk Grove Montoya then reached toward her right side and started to stand up victim of two attempted during. A law rebecca temme and do not provide legal advice heard, Sawtelle said belongings... Factors expressly identified by section 1202.4 subdivision ( d ) ; see Clark! With homicide detectives from the Sacramento prison. tells the cameras in Episode of. Rebecca Temme and others you may know to support defendant 's crimes were serious grave. Unfortunate news of finding out her parole had been the victim of attempted., Sawtelle said used to store the user consent for the loss life. After going into a room, Baca said stopped short of saying she Montoya! Are facing a sentence of life in prison without the possibility of parole in June he!