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. 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. Both will soon spend the rest of their lives behind bars. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. Also a reasonable inference is that defendant told Baca to harm Montoya. })(document,window). 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. These different charging options subject a defendant to different penalty options (cf. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. Copyright 2023 Distractify. 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. Thus, following the enactment of Senate Bill No. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. vioptional2: '', ' "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." 357.). Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. Challenges to statutes on grounds of vagueness that do not threaten First Amendment interests are examined in light of the facts of the case at hand, and "the statute is judged on an as-applied basis." or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. . (Id. Still, Rebecca says, "I love my mother f---ing life.". A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. In January 2018 defendant was charged by felony information with two counts of robbery ( 211) and one count of first degree murder ( 187, subd. Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. TV Shows. are principals in any crime so committed.' (Clark, supra, 63 Cal.4th at pp. 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. Temme and a man, James Martin Baca . Then I left. (Id. Leonoras daughter, Julia Martin, was present at the sentencing. 15, 3097, subd. A high-speed chase ensued, during which Baca threw a cell phone out the window. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. 1056.) 618-619.) 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. She said, No matter what you do in life, theres a good or bad consequence. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). First published on June 28, 2019 / 4:36 PM. Montoya refused to hand over the keys and Baca shot her dead. 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. Notably, also unlike Clark, no steps were taken to minimize the risk of violence. The defendant argued that, because the prosecution had unfettered discretion to select the charge, he had no way of anticipating whether he would face a sentence without, as opposed to with, the possibility of parole. ( 190, subds. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. . 15, 3097, subd. notice: mugshots.com is a news organization. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. Baca always carried a loaded gun for protection. 17FE005228). 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. 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." scr.async=!0,scr.onload=function(){w.vi.run(config,void 0===v.currentScript?v.scripts[v.scripts.length-1]:v.currentScript,source)},b.appendChild(scr); 618-623.) 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." In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. 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]." They'll be sentenced at the end of June. At that rate, it would take her a little more than 37 years to repay the fine. However, her crime is much more serious than being disruptive or even possessing hard drugs. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); Deputies later found Montoya with a fatal gunshot wound to the head. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. We also use third-party cookies that help us analyze and understand how you use this website. 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)(1), Cal. " (Nguyen, at p. I hope she haunts you. rebecca temme in california unsorted. ( 211.) (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. But opting out of some of these cookies may affect your browsing experience. 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. [] '(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. (People v. Rundle (2008) 43 Cal.4th 76, 141 [" '[W]e need not consider [a sufficiency of the evidence] claim . She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. at p. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). at p. 1170). View the profiles of people named Rebecca Temme. Get browser notifications for breaking news, live events, and exclusive reporting. Monster! Like literally everywhere I go. The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. This cookie is set by GDPR Cookie Consent plugin. 730 (Special Circumstances: Murder in Commission of Felony). Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. ( 1202.4, subd. 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." Someone got killed and I got caught. 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. 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]." They were apprehended shortly thereafter. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. I will apologize for the loss of life - theres no replacing a life, Baca said. (Id. Menu. Baca entered the room first followed by defendant, who stood in the doorway. (See Andreasen, supra, 214 Cal.App.4th at p. An autopsy revealed that she died of a single gunshot to the head. 1015, 4), when the defendant or an accomplice killed someone during the perpetration of or attempt to perpetrate certain enumerated felonies, including robbery, the defendant was liable for first degree murder under the felony-murder rule. at p. Defendant's intent to take the property must have been formed before or during the time she used force or fear. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. ( 187, subd. And I'll never forget her face. I hope she haunts you. (Id. 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. In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. Baca testified on his own behalf at trial. "Temme's 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," according to the report. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. 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. I regret it. ), As previously indicated, robbery involves the taking of personal property in the possession of another, from his person or immediate presence, and against his will, with the intent to permanently deprive accomplished by means of force or fear. So if everywhere I go, people stop me and they want to take pictures and they want me to sign an autograph, come on now. config = { Its a just and proper sentence. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. "; (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?' Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. "; and (5) " 'What did the defendant do after lethal force was used?' 15, 3040, subd. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. 621. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. 801.) 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. Keep reading to find out. Temme, as well as her co-defendant, are facing a. [Citation.]" 805.) "; (3) " 'What awareness did the defendant have of particular dangers posed by the nature of the crime, weapons used, or past experience or conduct of the other participants?' On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. She was a good person. Source: Netflix Article continues below advertisement Rebecca Temme's Crime That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. Your order will be handmade in London, just for you. (Ibid. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. (a)(1)-(2).) Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. The victim happened to be my wife, Temme told producers. 613.) 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. The cookie is used to store the user consent for the cookies in the category "Analytics". 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. 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). /s/_________Hoch, J. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) AdUnitType: '2', top of page. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. As relevant here, the People were required to prove: (1) defendant took property that was not her own; (2) the property was in the possession of another person; (3) the property was taken from the other person; (4) the property was taken against that person's will; (5) defendant used force or fear to take the property or prevent the person from resisting; and (6) when defendant used force or fear, she intended to deprive the owner of the property permanently. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 611. IAB_Category: 'IAB1', 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. Femme Fatale: Directed by Brian De Palma. [Citations.] Baca's rap sheet 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. Baca remained unrepentant to the end. 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. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. The letters were written by "Harliquinn Baby Girl" and "B.G." Mostly, because shed get a kick out of that.. Rebecca Temme - Rotten Tomatoes. 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. (a)(17)(A)). Its one of the most callous things Ive ever heard, Sawtelle said. Rebecca Temme is on Facebook. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. Defendant always carried a loaded gun for protection. I mean, I feel like you can never forget someones face when you see them die. In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. Coatney said of the incident, I wake up every day and have to think about that, and its hardI have to constantly remind myself, if I cant forgive myself, how can anyone else forgive me?, When the first episode ofJailbirdsbegan, Gaylon Shawn Beason (who goes by Shawn) said she was looking forward to being released from prison in 90 days. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. ' " (Clark, supra, 63 Cal.4th at p. (Ibid.) "I can't really discuss it because I'm still fighting it," she went on. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. She said she was ready to go back to school and to work for money, not to just take it.. Defendant's procedural due process rights were not violated. ( 189, subd. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. 1437, which went into effect on January 1, 2019 (2017-2018 Reg. ", At the time, that's all Rebecca wanted to say about her case. The prosecutor may be influenced by the penalties available upon conviction, but this fact, standing alone, does not give rise to a violation of the Equal Protection or Due Process Clause. Keywords: '', I cant really discuss it because Im still fighting it. When Baca turned and looked at Archuleta, she gave him all the money she had. at p. As we have outlined above, defense counsel said at the sentencing hearing that he had received the probation report recommending the $10,000 fine and was comfortable going forward on the issue. (Gonzalez, at p. Get browser notifications for breaking news, live events, and exclusive reporting. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." Leonora Montoya, Martin said. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. Detectives believe that there was prior animosity between Ms. Montoya and the two now suspected of killing her; they believe the ill will "led to the robbery and murder," according to the . She just made some fu**ed up decisions. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. var sc_project=9095613; 614. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. Copyright 2023 Heavy, Inc. All rights reserved. (Id. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. 620. (People v. Bryant (2013) 56 Cal.4th 959, 965. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. 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. at p. (DeFrance, supra, 167 Cal.App.4th at pp. Montoya then reached toward her right side and started to stand up. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. Distractify is a registered trademark. ), 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." We concur: /s/_________Robie, Acting P. J. Substantively, Senate Bill 1437 accomplishes this by amending section 188, which defines malice, and section 189, which defines the degrees of murder, and as now amended, addresses felony murder liability." 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. 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. Rebecca Temme, Self: Jailbirds. (a)(17), (d).) Montoya then entered the room and defendant closed the door. This requires more than the foreseeable risk of death inherent in any armed crime. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. (a), (e), 190.2, subds. Read in the abstract, this sentence appears to support defendant's position. 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]. Like Ill never forget the look she gave me. 2.) When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. According to court documents, Beasons release was delayed by a few days, but she has since been released, and is still legally married to her wife. Law enforcement officers eventually arrested the pair in Redwood City. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. Undesignated statutory references are to the Penal Code. We only recite the facts and procedural detail necessary to the resolution of this appeal. . We disagree. " To the extent defendant argues the trial court did not hold an actual hearing on the ability to pay issue (i.e., a procedural due process argument), we find no merit in her contention. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. willful, deliberate and premeditated killing . " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. She was a very outspoken person. The incident happened back in March 2017. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). Fifty percent of a prisoner's wages and any trust account deposits are deducted to pay any outstanding restitution fine, plus an administrative fee to cover the cost of this deduction, not to exceed 10 percent of the amount collected. A .45 caliber spent bullet casing was found in the motel room. (Clark, supra, 63 Cal.4th at pp. [Citation.] Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. . . While on the show, Temme revealed that both of her parents were 13 years old when she was born. Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. ChannelID: '59c4d02d28a06117d405b228', (a).) Baca was also convicted of being a felon in possession of a firearm. ), Here, the record makes clear that, in deciding to impose the maximum restitution fine, the trial court complied with section 1202.4 by considering defendant's inability to pay and the seriousness and gravity of her offenses. Code Regs., tit. The jury found that Baca personally used a firearm in the course of the murder and robberies. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove, Netflix Takes Viewers Inside Sacramento County Jail, Public File for KMAX-TV / Good Day Sacramento. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. Three days earlier, defendant sent Baca a text message that read: "This bitch is really fucking pushing me so just know I do love you and I'm so sorry that shits been crazy tonight, but I'm beyond . Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. 803.) 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. (a).) [Citation.]" With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. "She was a good person. "She got shot, execution style. Here are the latest totals. He executed her right in front of you. (a), Cal. at p. ( 2700; Cal. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. 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. 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. [Citation.] (f).). LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. 15, 3041.2, subd. }, 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. Code Regs., tit. Defendant went by the nickname "Baby Girl.". Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). Instead, she took items from Montoya's person and then fled the scene in Montoya's car with Baca, who took all of Archuleta's money. 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."
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