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. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. According to Archuleta, defendant did not seem surprised by Baca's actions. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. (Clark, supra, 63 Cal.4th at pp. When Ms. Montoya didnt comply, Baca shot her. As Netflix notes, she was booked for a number of charges including car-jacking, assault with a deadly weapon, evading an officer, drugs, and alcohol. 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.. Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. ), In reaching this conclusion, the court explained that while the defendant knew a gun would be used, this fact alone was insufficient to establish reckless indifference. "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." The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. vioptional1: '', Deputies later found Montoya with a fatal gunshot wound to the head. 2.) PlacementID: 'pltJl5BMKdPlU98hflT', I chose to commit crimes, I chose to gang bang, I chose to live a life thats different from your average citizen, so therefore I know the consequences. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. Necessary cookies are absolutely essential for the website to function properly. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. 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. Get browser notifications for breaking news, live events, and exclusive reporting. Am I really going to go and do something stupid like theyre saying? willful, deliberate and premeditated killing . (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. Defendant does not dispute, and numerous courts have held, that a trial court can look at prison wages to determine a defendant's ability to pay fines and fees. 620.) 1056.) . Ct. No. FontSize: '', Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. . The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. As we have already explained, there was evidence supporting the conclusion that defendant was in on a plan to rob Montoya and Archuleta and lured them to Baca's motel room for that purpose under the pretense that Baca would supply a tattoo and drugs. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. document.write("

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