( 187, subd. 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. Bryant (2013) 56 Cal.4th 959, 965. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. The cookies is used to store the user consent for the cookies in the category "Necessary". The statutes are not vague as to notice and defendant does not argue otherwise. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. The issue is whether the defendant exhibited a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the defendant did not specifically desire for death to occur. / CBS Sacramento. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. Cal. Im a nice *ss real b*tch., Everyone dreams of being a lawyer or a doctor, Noonie said at another point, [But] I wanted to be a social worker, because I was in and out of the system.. 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. [Citation.] ), Prior to the statutory amendments enacted by Senate Bill No. (Id. The victim happened to be my wife. 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. "https://secure." . 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. I feel like you can never forget someones face when you see them die. 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. Like Ill never forget the look she gave me. 2019 CBS Broadcasting Inc. All Rights Reserved. Im not that dumb.. 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. ' " (Banks, supra, 61 Cal.4th at p. "The victim happened to be my wife," she adds. 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. Get browser notifications for breaking news, live events, and exclusive reporting. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. [] '(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. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. What was Rebecca Temme's crime and where is she now? Fuck her.". . 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. (a)(17), (c) & (d); see also CALCRIM No. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. "; (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?' 15, 3040, subd. By clicking Accept, you consent to the use of ALL the cookies. Baca with defense attorney Keith Staten maintained the deadly shooting was in self-defense, that Baca and Teeme were being set up to be robbed at the motel. I am who I am. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. ), 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." Additional information relevant to the claims raised on appeal is discussed below. . 1600.). Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) at p. Sacramento County District Attorney's Office. The cookie is used to store the user consent for the cookies in the category "Analytics". (a)(17)). There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. Megan "Monster" Hawkins Is Grateful for Her Time on 'Jailbirds', Bobby Gonzales Was Sentenced to Life in Prison When He Was Only 15 Years Old. Here are the latest totals. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. When Ms. Montoya didnt comply, Baca shot her. 1055. Prior to that, me and her had a really big falling out. The DA's office also adds that Rebecca has a longer rap sheet. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. BG_Color: '#f78da7', Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) They'll be sentenced at the end of June. (Id. "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. This requires more than the foreseeable risk of death inherent in any armed crime. (a), (e), 190.2, subds. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). --------. 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. at p. . The suspects were captured after crashing the vehicle and running. These assessments are mandatory "and may be added on review." We disagree. " 1164.) Language: 'en-us', 619.) At Baca's direction, defendant drove to the San Francisco Bay Area. (Ibid.) 730 (Special Circumstances: Murder in Commission of Felony). Haslam and Carter also communicate via kites, letters sent through the toilet. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. Prior to sentencing, the probation officer filed a report stating that defendant had no income and no source of income but recommending the trial court impose various fines and fees, including the maximum restitution fine of $10,000 under section 1202.4, subdivision (b). Code Regs., tit. config = { Copyright 2023 Distractify. at p. 808; see also Clark, supra, 63 Cal.4th at pp. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. Defendant and Baca immediately went through Montoya's pockets. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. ' "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." But opting out of some of these cookies may affect your browsing experience. (Ibid. 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]." 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 or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. (See 189, subds. Font: 'Impact, Charcoal, sans-serif', DivID: '', 79.) (Id. ( 189, subd. If you have an urgent deadline, . : "http://www. 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. 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. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. She got shot execution style. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temme's wife at a Arden Arcade motel in 2017. IAB_Category: 'IAB1', 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. The case status is Pending - Other Pending. Following the enactment of Senate Bill No. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. Make your practice more effective and efficient with Casetexts legal research suite. . A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. 1056.) 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. The defendant must be aware of and willingly involved in the violent manner in which the particular offense is committed, demonstrating reckless indifference to the significant risk of death his or her actions create." are principals in any crime so committed.' ( 1202.4, subd. She said she was ready to go back to school and to work for money, not to just take it.. (Id. (Id. Defendant drove and he sat in the front passenger seat. . at p. Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. 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. I will apologize for the loss of life - theres no replacing a life, Baca said. 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. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. 536, 612.) var sc_security="af495448"; 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." ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. 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. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). 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.' Jailbirds Cast Today: Where Are They Now? Dueas requires no more. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. This timely appeal followed. There was also evidence that defendant did not seem surprised when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, and that, following the shooting, Archuleta gave Baca all of her money, either defendant or Baca took Archuleta's cell phone, and defendant and Baca fled the scene in Montoya's car. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. 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. scJsHost+ scr.src=source, Counsel was then given the opportunity to argue why the recommendation was excessive; the court considered the argument but found defendant was able-bodied and would be able to work while incarcerated. [Citations.]" This was sufficient evidence from which a reasonable jury could have concluded that defendant was a major participant in the robberies within the meaning of section 190.2, subdivision (d). Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. The defendants also demanded Ms. Montoyas car keys. Defendant's procedural due process rights were not violated. 617.) Would love your thoughts, please comment. Movies. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. 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. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? 17FE005228). Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. 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]." Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. 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. Facebook gives people the power to. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. 807.) (a)(17)(A)). When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. [Citations.] 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. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. 1600 [Robbery].) (DeFrance, supra, 167 Cal.App.4th at pp. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. Analytical cookies are used to understand how visitors interact with the website. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. [Citation.] whether they directly commit the act constituting the offense, or aid and abet in its commission, . (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. I regret it. She was a very outspoken person. Sess.) (Gonzalez, at p. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. During season one, Temme received approval to be released. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. [Citations.] Regs., tit. Defendant's intent to take the property must have been formed before or during the time she used force or fear. var scJsHost = (("https:" == document.location.protocol) ? Foremost, I will not apologize for surviving. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. 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. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). (Banks, supra, 61 Cal.4th at p. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. (Id. She was a very outspoken person. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. (adsbygoogle = window.adsbygoogle || []).push({}); Although Rebecca mentions that the victim, Leonora Montoya, was her wife, I could find no confirmation that they were actually married in the numerous news articles about her arrest and conviction. A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. 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. ' [Citations.] (Ibid.) . Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Defendant also implied that she could have prevented Montoya's death but decided not to. (Andreasen, supra, 214 Cal.App.4th at pp. Montoya then entered the room and defendant closed the door. Keywords: '', "[I]f the circumstances reasonably justify the jury's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding." . at p. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. She said, No matter what you do in life, theres a good or bad consequence. ), The major participant requirement means a defendant's personal involvement must be "substantial" and greater than the actions of an ordinary aider and abettor to an ordinary felony-murder. Heres how to help police stop it, Tesla crashes into Girl Scout table at a Northern California Walmart; 3 people are hurt, Video shows carjacking arrest turn violent, with police firing shots in North Sacramento, Men arrested in January attack on woman, 71, in south Sacramento after her casino trip. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. Monster! Like literally everywhere I go. Its a just and proper sentence. . 1437, which went into effect on January 1, 2019 (2017-2018 Reg. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. 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. Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. 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 one or both women drugs. Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. [] . What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. She argues that the record does not contain substantial evidence supporting the conclusion that she aided and abetted the robbery of Archuleta, since the evidence failed to show that she intended to rob Archuleta or did anything to facilitate the robbery of Archuleta. Rebecca Temme was arrested on multiple charges that include possession. He claimed that he shot Montoya in self-defense during a drug deal gone bad. Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. vioptional1: '', At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. with malice aforethought." 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. (Clark, at p. As modified, the judgment is affirmed. !Thanks for watching please like comm. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. 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. Finally, during a jail visit with Clark following the shooting, defendant displayed no remorse for Montoya's death, further exhibiting a disregard for her life. '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.' The pair took Montoya's keys and took off. Baca and Temme were also convicted of two counts of robbery. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. Both will soon spend the rest of their lives behind bars. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. 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. (Id. 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 . Given defendant's apparent efforts to minimize violence and the relative paucity of other evidence to support a finding of reckless indifference to human life, we conclude that insufficient evidence supports the robbery-murder and burglary-murder special circumstance findings, and we therefore vacate them." Second, Dueas does not support defendant's position. 618. I always do this to myself., Katrina Haslam, 24, was serving out a seven month sentence for driving on the wrong side of the road, causing a deadly accident, four counts of assault with a deadly weapon, and vandalism. . For more details on the crime, here is the post-conviction press release from the Sacramento County District Attorneys Office: 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. After Montoya entered the room and sat down in a chair, defendant closed the door. 620-621.) . Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. "She got shot, execution style. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. Rebecca Temme was born about 1910. 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. 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. We find no basis for reversal. (CALCRIM No. She was a good person. Leonora. At that time, Archuleta was in custody for a felony she committed in 2018. Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. Regs., tit. Baca and Temme were located in Menlo Park and arrested following a pursuit the following day, after Montoya, 53, was found dead of a gunshot wound to her head at the Auburn Boulevard motel.. Shes expected to stand before a judge on May 31. 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. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. 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." She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. large fine I am imposing.". We shall modify the judgment accordingly. To establish aider and abettor liability, the prosecution must prove that a defendant: (1) acted with knowledge of the perpetrator's unlawful purpose; (2) had the intent or purpose of committing, facilitating or encouraging commission of the crime; and (3) by act or advice, aided, promoted, encouraged or instigated, the commission of the crime. 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." When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. (See People v. Temme (Sept. 24, 2020,, Full title:THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant, Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). Baca and Temme were also convicted of two counts of robbery. I mean, I feel like you can never forget someones face when you see them die. document.write("