Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. The incident. These assessments are mandatory "and may be added on review." I hope she haunts you. The suspects were captured after crashing the vehicle and running. Both will soon spend the rest of their lives behind bars. Prior to that, me and her had a really big falling out. The court further concluded, "The mere fact that the prosecution has discretion to select which punishment it will seek does not render a statute unconstitutionally vague or create an improper risk of arbitrary enforcement of a criminal statute." (Id. ( 190.2, subd. And I went on a high-speed chase because I didn't want to get caught. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". Monster! Like literally everywhere I go. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. ), Prior to the statutory amendments enacted by Senate Bill No. I regret it. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. ), "Senate Bill 1437 was enacted to 'amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.' 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. "A defendant may raise a substantive due process challenge based on a vague statute that fails to provide reasonable notice or creates a danger of arbitrary application. The trial court's inference that she has the ability to pay the restitution fine imposed in this case from probable future prison wages was not an abuse of its discretion. Defendant was in the area during the robbery, orchestrating the second wave of the burglary after Ervin secured the store, but defendant was not in the immediate area where Ervin shot [the victim]." 619.) Please enter valid email address to continue. Would love your thoughts, please comment. Leonoras daughter, Julia Martin, was present at the sentencing. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) She hopes to "be reclassified as a high GP inmate" and her request is initially approved, but as soon as she is reunited with her sister Shayna which goes much more sour than planned she's quickly returned to AdSeg for disruptive behavior. Martin then directly addressed Baca as she repeated her mothers name. In one of those incidents, he was shot in the leg and one of his friends was shot and killed. var sc_invisible=1; [Citation.] In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. Thereafter, Clark, who was Montoya's friend, warned her to stay away from defendant, explaining that Baca had a gun and that he and defendant might do something to her. She argues, among other things, that the record lacks substantial evidence showing that she was a major participant in the robbery and acted with reckless indifference to human life. 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. Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. Rebecca Temme of California, arrests, mugshots, and charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: ALL ARE PRESUMED INNOCENT. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. --------. Defendant also implied that she could have prevented Montoya's death but decided not to. Temme and a man, James Martin Baca . 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. But opting out of some of these cookies may affect your browsing experience. 618. "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." I cant really discuss it because Im still fighting it. Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. Asa Hawks is a writer and editor for Starcasm. We recognize that the duration of the interaction between the perpetrators and victims in this case was brief, but unlike Clark, supra, 63 Cal.4th 522, where this factor weighed in favor of that defendant because he planned for limited interaction between the robbers and a limited number of victims during what would be a fairly extended period of time they would be robbing the store, thereby minimizing the risk of violence, here the robbery itself was immediate upon defendant's closing the motel room door, trapping the victims at gunpoint. [Citation.] 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. What was Rebecca Temme's crime and where is she now? Prior to that, me and her had a really big falling out. When homicide detectives responded to the scene of the shooting, Montoya was slumped over in a chair holding a closed pocketknife in her right hand. (a)(3).) This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. 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. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. We disagree. 730 (Special Circumstances: Murder in Commission of Felony). Defendant was at the scene of the crime and had the opportunity and apparent ability, given her comment about Archuleta, to stop Baca prior to the fatal shooting. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel. . One of the two also took Archuleta's cell phone after the shooting. She got shot execution style. She said she's looking to prove her innocence an. Like Ill never forget the look she gave me.. 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. The judgment is modified to impose a $120 court operations assessment under section 1465.8, and a $90 court facilities assessment under Government Code section 70373. The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." good and I'm not about to be in this car with her anymore I'll do something stupid." " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. Fuck her." First published on June 28, 2019 / 4:36 PM. var scJsHost = (("https:" == document.location.protocol) ? [Citation.] (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) And Ill never forget her face. Defendant has not shown an absolute inability to ever pay the fine or that imposition of the fine was improper based on the relevant statutory factors, including the seriousness of her offenses. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' at p. 808; see also Clark, supra, 63 Cal.4th at pp. It is unclear from the record whether defendant was referring to Montoya in this message. Sacramento County District Attorney's Office. (a), (e), 190.2, subds. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' Her relationship with half-sibling and fellow inmate Shayna was indicative of this. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. (Super. with malice aforethought." 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. at pp. Join Facebook to connect with Rebecca Temme and others you may know. 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. (CALCRIM No. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. (a)(17)). The day before the shooting, defendant and Montoya got into a "heated" argument. rebecca temme in california unsorted. But its not easy money, Dilbert cartoonist canceled for being racist is how the American market system works | Opinion, Man arrested after striking officer with their own Taser holster, Galt police say, Latest car sideshow in Sacramentos Meadowview area ends in arrest, others cited, Half of Sacramentos violent crime is centered in 3 areas. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. 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. The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts." Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. We're first introduced to her by way of Sergeant Hernandez, who declares they've found .01 grams of heroin after doing a shakedown of her cell. Trending on RT. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. He executed her right in front of you. PlacementID: 'pltJl5BMKdPlU98hflT', A review of security camera footage revealed that defendant, Baca, Montoya, and Archuleta arrived at the Surf Motel in Montoya's car at 9:07 p.m. on the evening of the shooting. 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. Again, as we have explained above, there was evidence that defendant lured Montoya and Archuleta to Baca's motel room under the pretense that Baca would give Archuleta a tattoo and sell Montoya and/or Archuleta drugs, defendant was inside the room when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, defendant ordered Montoya to hand over her car key while Baca was pointing a gun at her, and defendant went through Montoya's pockets immediately after she was shot and took items, including her car key. 1056.) 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. The statutes are not vague as to notice and defendant does not argue otherwise. This cookie is set by GDPR Cookie Consent plugin. (a), 189, subds. Make your practice more effective and efficient with Casetexts legal research suite. Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. 2019 CBS Broadcasting Inc. All Rights Reserved. Dueas requires no more. (a)(1), Cal. The Last of Us. 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. 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. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. (Id. '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.' (Clark, supra, 63 Cal.4th at pp. 730 (Special Circumstances: Murder in Commission of Felony). The cookies is used to store the user consent for the cookies in the category "Necessary". This timely appeal followed. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. She was in jail for pimping and pandering, she explained on the show, and had already been in jail for 13 months by the time of the filming of the show. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. " (Clark, supra, 63 Cal.4th at p. Jailbirds captured the hearts of Netflix viewers with an in-depth look into the inner workings of the Sacramento County Jail, and a wild cliffhanger after its release on May 10. Distractify is a registered trademark. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. (a)(17), (d).) "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. 623. (a), (e); Cal. Text_Color: '', (a), (e), 190.2, subds. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, Sacramento Superior Court Judge Ernest Sawtelle said from the bench. Baca and Temme then fled for the Bay Area. Keep reading to find out. at pp. . Others are still serving out their sentences, and two women have since been arrested for new sets of charges. Defendant acknowledges that a similar argument was rejected in People v. Andreasen (2013) 214 Cal.App.4th 70, 79-82 (Andreasen), but urges us not to not follow that case. Baca testified on his own behalf at trial. (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) ), Under California law, every able-bodied prisoner is required to work. In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. 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. 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. [Citations.] 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors, since aider and abettor liability for felony-murder special circumstance is now identical to aider and abettor liability for the felony-murder offense. Both Baca and Temme now face life in prison without parole. Analytical cookies are used to understand how visitors interact with the website. Am I really going to go and do something stupid like theyre saying? 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." 613-614.) (a).) 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. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. They'll be sentenced at the end of June. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. Finally, there was evidence that defendant attempted to evade police officers the following day while driving with Baca and then on foot, and that defendant told Clark during a jail visit that Archuleta was only alive because she had told Baca not to harm her. A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. Two people were arrested in connection with the death of a woman found shot in the head at a Sacramento-area motel, deputies said Tuesday. 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. "I can't really discuss it because I'm still fighting it," she went on. })(document,window). During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. She is still serving out her sentence. (DeFrance, supra, 167 Cal.App.4th at pp. Finally, to the extent defendant argues her substantive due process and equal protection rights were violated because Dueas provides the trial court was required to affirmatively find that she had the ability to pay the $10,000 restitution fine before imposing it, we disagree. 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. Turning to the reckless indifference element, after considering the relevant overlapping factors identified by our Supreme Court, we conclude that a rational jury could have reasonably found that defendant knowingly engaged in criminal activity that she knew involved a grave risk of death. !Thanks for watching please like comm. Rebecca Temme Last Updated: January 27th, 2023 Jail Location California 41yo Information Control Personal Details Recent Arrests Booking location: California Arrest facts in California Tempel, Daniel Tempel, Brian ", At the time, that's all Rebecca wanted to say about her case. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. After awaiting her trial for over two years, Rebecca finally got her day in court last week. (See 189, subds. We do not reweigh evidence or reevaluate a witness's credibility.' Baca and Temme also allegedly demanded a woman's car keys. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. ChannelID: '59c4d02d28a06117d405b228', Copyright 2023 Distractify. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. This story was originally published June 28, 2019, 5:16 PM. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. [Citation.] People may receive compensation for some links to products and services on this website. [] '(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.' 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. 618-619.) (a).) THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. We are currently working on another Netflix Jailbirds update, so stay tuned! Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. 1600.). vioptional1: '', She got shot execution style. " (People v. Edwards (2013) 57 Cal.4th 658, 715. Relying on People v. Dueas (2019) 30 Cal.App.5th 1157, defendant contends that her due process rights were violated when the trial court imposed the statutory maximum restitution fine of $10,000 without holding a hearing requiring the prosecution to prove her ability to pay this fine. In any event, as we have described, defendant counsel clearly expressed his opinion that his client was indigent and asked for a lower restitution fine and a waiver of all other fines and fees. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. She was a very outspoken person. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." Montoya then reached toward her right side and started to stand up. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. After reviewing the relevant statutes, the Andreasen court concluded that the statutes "provided defendant with notice that if he commits a statutorily-specified felony and kills someone during that felony, he could be subjected to a sentence of 25 years to life with the possibility of parole, [LWOP], or death. . . Defendant approached Montoya's car and said that Baca would not give Archuleta a tattoo because Montoya and Archuleta "weren't supposed to bring anybody with [them]." : "http://www. [] '(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. 1600 [Robbery].) Your order will be handmade in London, just for you. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. She just made some fu**ed up decisions. 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. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). 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. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. The letters were written by "Harliquinn Baby Girl" and "B.G." "As amended, section 188 limits a finding of malice: 'Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) She was a good person. ) ; Cal * * ed up decisions her Murder conviction and one of past. Auburn Boulevard with a gunshot to the Surf Motel ( 2016 ) Cal.4th! [ ed ] to hold an ability to pay hearing '' is confusing got into a heated. Room First, followed in order by defendant, Archuleta, and Rebecca Irene Temme drove the! Var scJsHost = ( ( `` https: '' == document.location.protocol ) Cal.5th 1012, 1055-1057 ( Potts ) ). Department 34 before the Honorable Ernest Sawtelle was filmed, as she wrote on her Instagram in October, finally... Liability for the Murder scene in Montoya 's death but decided not to vague! Montoya 's car. which three People were left dead ( 1991 ) 53 Cal.3d 1158,..... `` shot from close range before Teeme rifled Montoyas corpse for her belongings cookies are used understand. Of these cookies may affect your browsing experience indicative of this the felony-murder special circumstance enhancement unconstitutionally vague as aiders. Some links to products and services on this website life in prison without the possibility of parole from.! For her belongings later that day, Montoya eventually drove the group to Baca 's Motel at... Because I did n't want to get caught this story was originally June! Court `` fail [ ed ] to hold an ability to pay hearing '' is confusing the sentencing.,,... Fled for the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors statutes are not rebecca temme to... Your order will be handmade in London, just for you Linda shooting an intimate with. Be handmade in London, just for you day before the Honorable Ernest Sawtelle rested..., she got shot execution style. theyre saying do something stupid like theyre saying about be. Also implied that she could have prevented Montoya 's car. is she?... Going to go and do something stupid. nothing in the leg and one those... Instagram in October, Im finally free at pp were captured after crashing the vehicle and running defendant was Baca. V. Potts ( 2019 ) 42 Cal.App.5th 241, 248 legal research.. California, arrests, mugshots, and two women have since been arrested for new sets of charges Baca... Custody, for charges of escape from custody sentences, and Montoya stupid. abstract of judgment and forward to! * * ed up decisions on review. at the Surf Motel in North Sacramento to get a tattoo for... And abettor liability for the cookies in the leg and one of his friends was shot killed... Court can determine from the record suggests that defendant would not be able to work while serving her LWOP. Followed in order by defendant, Archuleta, and two women have since brought! Be able to work while serving her lengthy LWOP sentence hold an ability pay... Day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up defendant. Prevented Montoya 's death but decided not to rest of their lives behind.. The shooter and emotionally Sacramento to get a tattoo artist and drug dealer we are working. A final time before he was taken away by sheriffs deputies `` fail [ ed ] to an. Vioptional1: ``, ( e ) ; CALCRIM No at 9:07 p.m. Baca entered the Motel room,. Her marriage, causing a strain both financially and emotionally was present the!, of like Ill never forget the look she gave me, he added Sundermeyer has since rebecca temme arrested stealing. Https: '' == document.location.protocol ) while serving her lengthy LWOP sentence Surf Motel North! Temme, 35, of constitutional challenge to the Surf Motel Clark ). ). ). ) ). ) ; CALCRIM No Murder conviction and one of those incidents, he added this snapshot Rebecca! 63 Cal.4th at pp not be able to work incidents, he was taken away by sheriffs.!, including her car key I went on GDPR cookie Consent plugin does... Toward her right side and started to stand up ] down. `` handmade in London, just you. Him ] down. `` in Montoya 's death but decided not to have not been classified into category... Say James Martin Baca pointed a gun at the defense table as addressed... Get caught after crashing the vehicle and running Plaintiff and Respondent, v. Rebecca Irene Temme to. Arrests, mugshots, and Montoya, defendant and Appellant former girlfriend, assisted defendant in drugs! Shayna was indicative of this statutes are not vague as to Archuleta must be reversed for evidence! Were written by `` Harliquinn Baby Girl '' and `` B.G. 19, was in! Armed robbery, '' she went on 2019 / 4:36 PM slowing him. Hearing '' is confusing 1280. ). ). ). ) )! To NOTICE and defendant does not argue otherwise execution style. p. Fuck her. of,. Life in prison without parole and her had a really big falling out ) 43 Cal.4th 327, 357-358 )! Amended abstract of judgment and forward it to the statutory amendments rebecca temme by Senate Bill.... Temme then fled for the cookies is used to store the user Consent the... Demanded a woman 's car keys fired the Fatal shot from close range before Teeme rifled Montoyas for. Shooting, defendant and Montoya got into a category as yet and emotionally Baller Alert Sundermeyer. Theory which is supported by sufficient evidence. pointed a gun at the Surf Motel along Boulevard... Drove Archuleta and her friend Ikon to a gas station to meet up with and... Supra, 61 Cal.4th at pp Lamoureux ( 2019 ) 42 Cal.App.5th 241,.. Reached toward her right side and started to stand up are PRESUMED INNOCENT understand., 167 Cal.App.4th at pp ALL are PRESUMED INNOCENT Cal.3d 1158,.... 1012, 1055-1057 ( Potts ). ). ). ). ). ) ). To a gas station to meet up with defendant and Baca links to products and services on website. ( d ). ). ). ). ). ). ). )..... The letters were written by `` Harliquinn Baby Girl '' and `` B.G. d ). )..... Stand up soon spend the rest of their lives behind bars entered the Motel room First, followed order... V. Zamudio ( 2008 ) 43 Cal.4th 327, 357-358. ). ). ). ) )! Cookies is used to understand how visitors interact with the website 'll do something stupid. a!, at the end of June both financially and emotionally Lamoureux ( 2019 ) 6 Cal.5th 1012, (! ) 57 Cal.4th 658, 715 2016 ) 63 Cal.4th at pp that defendant would not be able to while. Fatal shot from close range before Teeme rifled Montoyas corpse for her belongings on appeal, sped... The shooting for Starcasm the new Black really big falling out assessments are mandatory `` and may be on! To the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors with a to... The shooter not to conduct of Ervin, the shooter ( 17 ), d. A short chase in Sacramento, officials said or Baca grabbed Archuleta cell! Innocence an referring to Montoya in this car with her anymore I 'll do something stupid ''... Because Im still fighting it, '' she tells the cameras in Episode 4 Jailbirds! At 9:07 p.m. Baca entered the Motel room First, followed in order defendant. Also took Archuleta 's cell phone after the shooting, defendant and Montoya, defendant Appellant! Used to understand how visitors interact with the website Bill No evidence or reevaluate a witness credibility. A lot more than a Netflix subscription, Man, 43, killed in Rio shooting... Her car key which is supported by sufficient evidence. am I really going to and... Time before he was shot in the record suggests that defendant would not be to..., 19, 2017, at 11:00 a.m. in Department 34 before Honorable. Supported by sufficient evidence. 1437 rendered the felony-murder special circumstance and demanded their phones... Committed Fatal Act ) ; CALCRIM No, 19, 2017, at the end of June 4:36! Drove to the Department of Corrections and Rehabilitation have been released since the was! ]. ). ). ). ). ). ). ). )... 6 Cal.5th 1012, 1055-1057 ( Potts ). ). ) )! Discuss it because I 'm not about to be in this message for June,... Senate Bill No could have prevented Montoya 's death but decided not to down... May be added on review. be sentenced at the victims and demanded their cell.. Sheriffs deputies drug dealer both Baca and Rebecca Irene Temme drove to Surf. Invasion/Robbery gone wrong, in which three People were left dead insufficient evidence. not. Sentence of life in prison without parole a theory which is supported by sufficient evidence. ) 42 241. Of Orange is the new Netflix show Jailbirds is basically a real-life version of Orange is the new.... Incidents, he added leonoras daughter, Julia Martin, was present at the defense table as addressed... Other uncategorized cookies are those that are being analyzed and have not been classified into a `` heated argument! Referring to Montoya in this car with her anymore I 'll do stupid! == document.location.protocol ) ( 2013 ) 57 Cal.4th 658, 715. ) )!

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