"Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." Per the Sacramento County District Attorney's Office, both she and her co-defendent ("co-d" in Jailbirds jargon) were found guilty of one count of murder and two counts of robbery. Femme Fatale: Directed by Brian De Palma. She was sentenced to seven years in prison, and is eligible for parole in 2022. 1600 [Robbery].) (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. Netflix's newest docuseries Jailbirds has everyone talking. 22. 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. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. We also use third-party cookies that help us analyze and understand how you use this website. Law enforcement officers eventually arrested the pair in Redwood City. Baca and Temme then fled for the Bay Area. (Banks, supra, 61 Cal.4th at p. Both Baca and Temme now face life in prison without parole. Moreover, contrary to defendant's contention, the prosecutor's discretion to select the charge against a defendant does not render the felony-murder special circumstance enhancement unconstitutional for arbitrary enforcement purposes. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. Julie didn't mention that the drug. at p. 1170). After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. 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. The pair took Montoya's keys and took off. good and I'm not about to be in this car with her anymore I'll do something stupid." Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. She just made some f---ed up decisions," Rebecca recalls. Am I really going to go and do something stupid like theyre saying? After awaiting her trial for over two years, Rebecca finally got her day in court last week. . 357.). Someone got killed and I got caught. (a).) 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." Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. Displaying a gun, Baca said that he could "make that happen." 614. The Last of Us. Shes expected to stand before a judge on May 31. 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.. 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. 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. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. " 'Evidence of a defendant's state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction.' . 2019 CBS Broadcasting Inc. All Rights Reserved. . "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. (People v. Nakahara (2003) 30 Cal.4th 705, 712.). (a) [conviction for first degree felony-murder may result in the death penalty, LWOP, or a prison term of 25 years to life]; 190.2, subd. As for his apprehension the next day, Baca explained that a high-speed car chase ensued after he instructed defendant to "get up outta here" when police officers started to follow them. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) The pair took Montoya's keys and took off. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. 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. [Citation.] Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Dueas requires no more. 623. Her relationship with half-sibling and fellow inmate Shayna was indicative of this. 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.' 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. (Clark, at p. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. 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. Thereafter, Archuleta gave all her money to Baca, and either defendant or Baca took her cell phone. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. 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. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. "); Someone got killed and I got caught. Facebook gives people the power to share and makes the world more open and connected. at p. 808; see also Clark, supra, 63 Cal.4th at pp. ), "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.' 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. 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); There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. (Id. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. Code. Baca was also convicted of being a felon in possession of a firearm. Law enforcement officers eventually arrested the pair in Redwood City. THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. 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. They are scheduled to be sentenced on June 28. . Jailbirds Cast Today: Where Are They Now? Its one of the most callous things Ive ever heard, Sawtelle said. . Baca always carried a loaded gun for protection. (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). In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. She is still serving out her sentence. 2018, ch. The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. The incident happened back in March 2017. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. ), 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. Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Analytical cookies are used to understand how visitors interact with the website. (Andreasen, supra, 214 Cal.App.4th at pp. ( 2085.5, subds. 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. var sc_security="af495448"; 536-538, 613. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. She was a very outspoken person. 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." From the bench on Friday, Sawtelle filled in the grim details Teeme left out while meting out the life sentence as Montoyas family looked on from the gallery. The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). Please enter valid email address to continue. During their investigation, authorities found that Temme and Baca had. 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. Monster! Like literally everywhere I go. Dueas provides nothing to the contrary. 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. at p. According to Archuleta, Montoya did not do anything to provoke the shooting. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), "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. !Thanks for watching please like comm. And I'll never forget her face. Copyright 2023 Distractify. Temme, as well as her co-defendant, are facing a. [] '(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. As modified, the judgment is affirmed. 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. " (Id. The jury found that Baca personally used a firearm in the course of the murder and robberies. ), 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. As for Montoya, defendant stated: "I don't give a shit about that bitch. Text_Color: '', May 14, 2019 / 11:38 AM (CALCRIM No. The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. notice: mugshots.com is a news organization. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. It is true, as defendant notes, that the Dueas court explained its holding to encompass "that although Penal Code section 1202.4 bars consideration of a defendant's ability to pay unless the judge is considering increasing the fee over the statutory minimum, the execution of any restitution fine imposed under this statute must be stayed unless and until the trial court holds an ability to pay hearing and concludes that the defendant has the present ability to pay the restitution fine." ), "Independent of the felony-murder rule, the natural and probable consequences doctrine rendered a defendant liable for murder if he or she aided and abetted the commission of a criminal act (a target offense), and a principal in the target offense committed murder (a nontarget offense) that, even if unintended, was a natural and probable consequence of the target offense. Sacramento County District Attorney's Office. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Still, Rebecca says, "I love my mother f---ing life.". (Id. Baca and Temme also allegedly demanded a woman's car keys. 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. with malice aforethought." 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. 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. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. The court further explained that the defendant was in his car in the parking lot when the victim was shot and was not provided with an opportunity to provide a restraining influence on his murderous cohort. This website uses cookies to improve your experience while you navigate through the website. He claimed that he shot Montoya in self-defense during a drug deal gone bad. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. Code Regs., tit. Dueas did not consider or interpret the statutory provision at issue here--section 1202.4, subdivision (d)--which expressly lays out various factors, including ability to pay, to be considered in setting the amount of the fine. ), The jury is entitled to draw reasonable inferences based on the evidence (People v. Livingston (2012) 53 Cal.4th 1145, 1166), and we must accept all logical inferences the jury might have drawn from the evidence, even if we would have concluded otherwise (People v. Salazar (2016) 63 Cal.4th 214, 242). " First published on May 14, 2019 / 11:38 AM. In response, Baca said that he did not want to have sex with defendant, explaining that he did not "love her like that" and would not disrespect Montoya. (a), 189, subds. ( 1202.4, subd. Jailbirds captured the hearts of Netflix viewers with an in-depth look into the inner workings of the Sacramento County Jail, and a wild cliffhanger after its release on May 10. 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." This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. 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. 15, 3097, subd. 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. "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. Defendant's procedural due process rights were not violated. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. Source: Netflix Article continues below advertisement Rebecca Temme's Crime 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. They were apprehended shortly thereafter. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. (a)(17)). are principals in any crime so committed.' In March 2017 he carried a .45 caliber handgun. SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. . "Murder is the unlawful killing of a human being . 1437, to determine whether a defendant was culpable of first degree murder on an aider and abettor theory, our Supreme Court differentiated the elements required for first degree felony-murder from those required for felony-murder special circumstance. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. ", During a jail visit following the shooting, defendant admitted to Clark (her aunt) that she took everything Montoya had on her person, including her car key. Facebook gives people the power to. As Montoya started to speak, Baca shot her in the face. / CBS Sacramento. 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. This cookie is set by GDPR Cookie Consent plugin. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. 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). Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. AdUnitType: '2', 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. This timely appeal followed. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. 'All persons concerned in the commission of a crime, . He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. (Ibid. 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." . In addition to a subjective component, the recklessness indifference element also encompasses an objective component; a reviewing court asks whether the defendant's behavior was a " 'gross deviation' " from what a law-abiding person would have done under the circumstances. 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]. Deputies later found Montoya with a fatal gunshot wound to the head. The defendants were later located in Redwood City. 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. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. 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. BG_Color: '#f78da7', Also a reasonable inference is that defendant told Baca to harm Montoya. . . [Citation.] (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. 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. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." Im not that dumb.. (Ibid. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. This cookie is set by GDPR Cookie Consent plugin. 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. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. She said she's looking to prove her innocence an. Haslams sentence was six months in total. As modified, the judgment is affirmed. "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. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). Mostly, because shed get a kick out of that.. 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." Im not stupid. ( 189, subd. . vioptional2: '', After Archuleta placed her cell phone on the table, defendant said, "car key," which Baca repeated as he approached Montoya with his gun pointed at her. (Clark, supra, 63 Cal.4th at pp. But I cant apologize for surviving. This story was originally published June 28, 2019, 5:16 PM. })(document,window).
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