That was her downfall. with malice aforethought." (See People v. Blankenship (1989) 213 Cal.App.3d 992, 997 ["A defendant's due process rights are protected when the probation report gives notice of the amount of restitution expected to be ordered . What was Rebecca Temme's crime and where is she now? Defendant also implied that she could have prevented Montoya's death but decided not to. Baca always carried a loaded gun for protection. are principals in any crime so committed.' Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. Im a soldier, straight up., 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.. 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. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. (Super. 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. 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. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. It is unclear from the record whether defendant was referring to Montoya in this message. The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. 80.) Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. Because we conclude that the record contains sufficient evidence from which a reasonable jury could have found defendant guilty on this theory of felony-murder liability, we need not and do not address defendant's sufficiency of the evidence contention regarding the alternative theory of liability, aiding and abetting. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. That was her downfall," she continued. At that rate, it would take her a little more than 37 years to repay the fine. (Clark, at p. 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. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. Facebook gives people the power to. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. Netflix's newest docuseries Jailbirds has everyone talking. While the court acknowledged that the jury may have inferred the defendant was aware the victim had been shot when he drove from the scene, indicating a "desire to flee the scene as quickly as possible, without regard for [the] welfare . We do not review his conviction on this appeal. Code Regs., tit. In January 2018 defendant was charged by felony information with two counts of robbery ( 211) and one count of first degree murder ( 187, subd. Code, 211) and first degree murder ( 187, subd. In June 2019 the trial court sentenced her to LWOP on the murder conviction, plus consecutive six-year terms on the robbery convictions, one of which was stayed under section 654. "statcounter.com/counter/counter.js'>"); We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. [] 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.' In the former situation, once he determines that the proof will support conviction under either statute, his decision is indistinguishable from the one he faces in the latter context. The cookie is used to store the user consent for the cookies in the category "Analytics". Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." Finally, during a jail visit with Clark after the shooting, defendant implied that she could have prevented Montoya's death by claiming that Archuleta was only alive because she had told Baca not to harm her. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. ), "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.' "; (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?' Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. James Martin Baca, 39, and Rebecca Irene Temme, 36, were convicted by a jury May 14 of two counts of robbery and the first-degree murder of Leonora Montoya, according to a District Attorney's . (a)(1), Cal. As she lay there bleeding out, you went through her pockets. 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. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). 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. Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. Both will soon spend the rest of their lives behind bars. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. document.write("