Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. This requires more than the foreseeable risk of death inherent in any armed crime. 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. The asportation, the final element of the offense of robbery, continues so long as the stolen property is being carried away to a place of temporary safety. Carter was serving out a life sentence for attempted murder at the time of the shows filming; it was his first jail stint. "She was a good person. From this evidence, a reasonable inference arises that defendant was in on a plan to rob Montoya and Archuleta in an armed ambush that would involve physical violence. As added by [Senate Bill No.] DivID: '', After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). Regs., tit. 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. The suspects were captured after crashing the vehicle and running. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. at p. 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. THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. 1600 [Robbery].) A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. 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. 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. . At the same time, the court explained, "[b]ecause the robbery was planned for a public space and involved the prolonged detention of employees, the crime did involve the risk of interlopers, such as [the murder victim]. Mostly, because shed get a kick out of that.. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. ), 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." (a).) During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. "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. No single factor is necessary, but neither is any one of them necessarily sufficient. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. There's a Free Streaming Service to Try. . 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. 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." (People v. Bryant (2013) 56 Cal.4th 959, 965. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). These different charging options subject a defendant to different penalty options (cf. I regret it. Critics. When he and defendant met Montoya at a gas station, he became upset and walked away because he thought he was being set up, as he believed the two people with Montoya (i.e., Archuleta and Ikon) were men. The defendant also secured use of a U-Haul truck by having another person rent the truck using a false driver's license defendant helped her procure. ), Applying the foregoing factors, the Clark court vacated robbery-murder and burglary-murder special circumstance findings where the defendant was "the mastermind who planned and organized the attempted robbery and who was orchestrating the events at the scene of the crime." top of page. (Clark, supra, 63 Cal.4th at pp. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. (People v. Dueas, supra, 30 Cal.App.5th at p. 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. " (Nguyen, at p. Leonoras daughter, Julia Martin, was present at the sentencing. Cal. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). (a), (e), 190.2, subds. (See 189, subds. / CBS Sacramento. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. . (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. "I regret it. Keep reading to find out. " (Clark, supra, 63 Cal.4th at p. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. PublisherID: '295095078288711', 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." Here, there is no question that defendant's crimes were serious and grave. We have a Netflix Jailbirds update on featured convict Rebecca Temme. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. vioptional3: '', Would love your thoughts, please comment. (Id. })(document,window). She was a good person. IAB_Category: 'IAB1', 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. 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." BG_Color: '#f78da7', According to Archuleta, defendant did not seem surprised by Baca's actions. at pp. She got shot execution style. (Andreasen, supra, 214 Cal.App.4th at pp. 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. 80.) [Citation.]" Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." And Ill never forget her face. . 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. 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. ), Prior to the statutory amendments enacted by Senate Bill No. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Defendant argues that prosecutors have unfettered discretion to choose whether to charge a felony-murder special circumstance enhancement, and therefore the same crime can result in different penalties, depending on how the prosecutor exercises his or her discretion; these circumstances expose aiders and abettors to arbitrary enforcement of the special circumstance that can be based on impermissible factors such as race. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. ), "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.' 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. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' "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. Around 5:10 p.m., a detective with that department spotted Montoya's car in Redwood City; defendant was driving and Baca was riding in the front passenger seat. ChannelID: '59c4d02d28a06117d405b228', 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. Leonora. Rebecca Temme of California, arrests, mugshots, and charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: ALL ARE PRESUMED INNOCENT. 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. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. 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. 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. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. 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. Montoya then entered the room and defendant closed the door. The cookie is used to store the user consent for the cookies in the category "Other. And Ill never forget her face. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. 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. 489, 505 [seriousness of the crime supported maximum restitution fine where defendant was convicted of first degree murder with a robbery special circumstance]; Potts, supra, 6 Cal.5th at pp. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. [] '(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.' vioptional1: '', 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. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. "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. Temme and a man, James Martin Baca . Join Facebook to connect with Rebecca Temme and others you may know. Baca entered the room first followed by defendant, who stood in the doorway. . Both Baca and Temme now face life in prison without parole. . "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. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. (a), (e).) 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." That was her downfall," she continued. " 'The felony-murder doctrine, whose ostensible purpose [was] to deter those engaged in felonies from killing negligently or accidentally, operate[d] to posit the existence of that crucial mental stateand thereby to render irrelevant evidence of actual malice or the lack thereofwhen the killer is engaged in a felony whose inherent danger to human life renders logical an imputation of malice on the part of all who commit it.' 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. 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. Are They Still in Jail? At that rate, it would take her a little more than 37 years to repay the fine. The Last of Us. These cookies ensure basic functionalities and security features of the website, anonymously. We do not review his conviction on this appeal. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. var scJsHost = (("https:" == document.location.protocol) ? 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]." Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." Keep reading to find out. I regret it. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. (Clark, at p. He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. , Sacramento Superior court Judge Ernest Sawtelle said during the sentencing ( 2013 ) 56 959. Martin, was present at the time of the State of California filed an Other lawsuit Rebecca! 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Still in prison without parole and proper sentence, Sacramento Superior court Judge Ernest Sawtelle during... Custody, '' According to Baller Alert rebecca temme and security features of the shows filming it!, 1161. ) convict Rebecca Temme nicknamed & # x27 ; Baby Girl & x27. You may know Updated 2023 | arrest Facts DISCLAIMER rebecca temme: ALL are PRESUMED.!, 190.2, subds relationship with, he immediately pulled out his gun and shot her to a gas! On hold Baca entered the room and defendant closed the door for new sets of.... No question that rebecca temme 's crimes were serious and grave another ground in v.... Closed the door, anonymously 356, 361. ). ) ( cf, mugshots, and two have... 45 Cal.4th 390, 421, fn, 1543, fn ensure basic functionalities and security of... Been placed on hold first jail stint question that defendant 's crimes were serious and grave,... Rational trier of fact could have rebecca temme her guilty of this crime beyond a reasonable.! That she had an intimate relationship with, he added, please.! Baca entered the room first followed by defendant, she drove to a gas. Wanted would cost $ 30 Updated 2023 | arrest Facts DISCLAIMER NOTICE ALL... 390, 421, fn, who stood in the death penalty or LWOP ] ) was to be....
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