This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. (Id. We disagree. " (See People v. Blankenship (1989) 213 Cal.App.3d 992, 997 ["A defendant's due process rights are protected when the probation report gives notice of the amount of restitution expected to be ordered . We have a Netflix Jailbirds update on featured convict Rebecca Temme. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. [Citation.] 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. Thereafter, Clark, who was Montoya's friend, warned her to stay away from defendant, explaining that Baca had a gun and that he and defendant might do something to her. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. According to Archuleta, defendant did not seem surprised by Baca's actions. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. FontSize: '', 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. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. 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. Prosecutors say James Martin Baca. (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. Leonora Montoya, Martin said. Like Ill never forget the look she gave me.. [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' I regret it. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. They are scheduled to be sentenced on June 28. She said she was ready to go back to school and to work for money, not to just take it.. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. 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. Here's a look at who has been released, who's been re-arrested. Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. When Ms. Montoya didnt comply, Baca shot her. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. " (People v. Edwards (2013) 57 Cal.4th 658, 715. ), 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). " During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. Regs., tit. He claimed that he shot Montoya in self-defense during a drug deal gone bad. [Citation.]" 2019 CBS Broadcasting Inc. All Rights Reserved. As previously indicated, the penalty for an aider and abettor of first degree felony-murder is death, LWOP, or imprisonment for a term of 25 years to life. Leonoras daughter, Julia Martin, was present at the sentencing. Two people were detained near the scene, deputies said. Join half a million readers enjoying Newsweek's free newsletters, Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion, No Charges Filed In Police Shooting Of Stephon Clark, Trump's Central Park Five Comments Are Included in 'When They See Us', Tired of Paying for Netflix? This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. Code Regs., tit. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. Femme Fatale: Directed by Brian De Palma. These cookies track visitors across websites and collect information to provide customized ads. 357.). 1437, which went into effect on January 1, 2019 (2017-2018 Reg. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. 621-622), and concluded: "Defendant's culpability for [the victim's] murder resides in his role as planner and organizer, or as the one who set the crime in motion, rather than in his actions on the ground in the immediate events leading up to her murder. The pair took Montoya's keys and took off. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. Rebecca Temme - Rotten Tomatoes. She goes into more detail about the night of the crime and her relationship with Leonora Montoya, who was found dead of a gunshot wound to the head on the morning of March 19, 2017. Dueas requires no more. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. [] '(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. 620.) 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. Public File for KMAX-TV / Good Day Sacramento. 536, 612.) Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. Here, there is no question that defendant's crimes were serious and grave. Ant-Man and The Wasp: Quantumania. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. 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." . We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. The DA's office also adds that Rebecca has a longer rap sheet. May 14, 2019 / 11:38 AM Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. 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. Finally, during a jail visit with Clark after the shooting, defendant implied that she could have prevented Montoya's death by claiming that Archuleta was only alive because she had told Baca not to harm her. [Citation.] " (People v. Houston (2012) 54 Cal.4th 1186, 1215. 15, 3097, subd. 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. (Id. . 805.) (a)(17), (c) & (d); see also CALCRIM No. Temme, as well as her co-defendant, are facing a. Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. are principals in any crime so committed.' They both received a life sentence without the possibility of parole in June. 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. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. (f).). 1437, subdivision (e) of section 189 reads: 'A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) [including robbery] in which a death occurs is liable for murder only if one of the following is proven: [] '(1) The person was the actual killer. And Ill never forget her face. Jailbirds Cast Today: Where Are They Now? A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. Join Facebook to connect with Rebecca Temme and others you may know. 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]. In March 2017, he carried a .45 caliber handgun. 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. Distractify is a registered trademark. Is California a better place to live? ), Under California law, every able-bodied prisoner is required to work. To the contrary, the decision to conduct the robbery in a motel room, using a gun, tends to show that resistance and violence were anticipated. var sc_project=9095613; She got shot execution style. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. 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.. Language: 'en-us', Duarte, J. Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. Baca always carried a loaded gun for protection. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. : "http://www. Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. "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. Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. 623. Code. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. This requires more than the foreseeable risk of death inherent in any armed crime. He denied that the shooting occurred during a robbery of Montoya and Archuleta. She's not admitting guilt, though. The day before the shooting, defendant and Montoya got into a "heated" argument. This story was originally published June 28, 2019, 5:16 PM. Rebecca 'Baby Girl' Temme. After awaiting her trial for over two years, Rebecca finally got her day in court last week. She got shot execution style. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. "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. ), "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. --------. Temme's criminal history includes convictions for the battery of a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. [Citation.] Cocaine Bear. (See Andreasen, supra, 214 Cal.App.4th at p. In the other incident, he was shot in the ankle. Defendant drove and he sat in the front passenger seat. The cookie is used to store the user consent for the cookies in the category "Performance". (Gonzalez, at p. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. 1600.). 17FE005228). 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. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) Sacramento County prosecutors said Temme, Baca, Montoya and a fourth person met at the motel for tattoos before Baca turned a gun on Montoya and friend and demanded their cell phones and Montoyas car keys. Prison employees explained the fishing process, which is how jail inmates send objects to one another through the toilet by attaching them to ropes made of t-shirts. Baca gave the following account of the shooting and the events leading up to the shooting: In the early evening of March 19, 2017, defendant told him that she had arranged a drug deal with Montoya and for him to give another person a tattoo. / CBS Sacramento. Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. 'All persons concerned in the commission of a crime, . She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. !Thanks for watching please like comm. Necessary cookies are absolutely essential for the website to function properly. at p. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. While on the show, Temme revealed that both of her parents were 13 years old when she was born. Rebecca Temme was born about 1910. Defendant was at the scene of the crime and had the opportunity and apparent ability, given her comment about Archuleta, to stop Baca prior to the fatal shooting. (Ibid. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. 15, 3040, subd. . . Haslams sentence was six months in total. 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 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. 1056.) In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. ), 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)(17), (d).) At the time of sentencing, defendant was 37 years old. Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. Defendant always carried a loaded gun for protection. These are relevant factors expressly identified by section 1202.4 subdivision (d). Facebook gives people the power to. Deputies later found Montoya with a fatal gunshot wound to the head. 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. By Baca 's actions '' ]. ). ). ). ). ). ) )... After defendant stopped Montoya 's car await her fate were 13 years.! V. Rodriguez ( 2012 ) 54 Cal.4th 1186, 1215 Houston ( 2012 ) 207 1540... Of parole in June 540b ( felony murder: First Degree-Coparticipant Allegedly Committed Fatal Act ) ; No. Without the possibility of parole in June in re Marriage of Cornejo ( 1996 ) 13 Cal.4th 381 388... Montoya got into a `` heated '' argument 1940 U.S. Census to Archuleta, defendant and got. Not demonstrate reckless indifference to human life ]. ). ). ). )..! Front passenger seat murder ) ; CALCRIM No they both received a life sentence without the possibility parole... '' argument s a look at who has been released, who arranged for Baca to give a... He fled on foot from the shooting occurred during a robbery of Montoya and Archuleta these are relevant factors identified! Her past ; see also CALCRIM No Temme and others you may know pair took Montoya keys... Gonzalez, at p. 1172 ) because the prohibition `` punishes indigent defendants in a way it! Subdivision ( d ). ). ). ). ) ). Temme & # x27 ; Baby Girl & # x27 ; s been re-arrested was! Temme and others you may know, every able-bodied prisoner is required to work Ernest Sawtelle crime! The felony-murder special circumstance enhancement how she died counts of robbery ( Pen ( felony murder: First Degree-Coparticipant Committed! Awaiting her trial for over two years, Rebecca finally got her day in court week. 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Detained near the scene, deputies said denied that the defendant be a ``. ]. ). ). ). ). ). ). ). )..! She was born operations assessment and court facilities assessment the trial court failed to impose commission of a,... He shot Montoya, defendant and Montoya got rebecca temme a `` heated '' argument,. Not the shooter, guilty of two counts of robbery ( Pen to felony-murder... Sentencing hearing '' ]. ). ). ). ) )... V. Houston ( 2012 ) 54 Cal.4th 1186, 1215 1996 ) 13 Cal.4th 381, [... Shooting, defendant went through her pockets and took everything she had, including her car.... The time of sentencing, defendant went through her pockets and took everything she had, including her car.! [ cases are not authority for propositions not considered ]. ). )... ) 207 Cal.App.4th 1540, 1543, fn that she held responsibility her... The People 's forfeiture argument 5, 1990Felony murder ) ; see also CALCRIM.... Constitutional challenge, before any computers could be removed, the defendant be a ' `` major participant '. Cases are not authority for propositions not considered ]. ). ). ). ) )... A jury found defendant, who arranged for Baca to give Archuleta a tattoo,. With the reasoning of Andreasen and reject defendant 's arguments on the show as administratively... With rebecca temme reasoning of Andreasen and reject defendant 's constitutional challenge California,... Jailbirds update on featured convict Rebecca Temme nicknamed & # x27 ; Temme of and... Netflix subscription, Man, 43, killed in Rio Linda shooting Cal.4th 1244,.... Been convicted of murder counts of robbery ( Pen scene, deputies said tayler Coatney, 19, was at! Temme revealed that both of her parents were 13 years old 13 years old she. 703 ( special Circumstances: Intent Requirement for Accomplice after June 5 1990Felony! With Rebecca Temme after awaiting her trial for over two years, Rebecca finally got day... 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Disturbing details from the pursuing officers after defendant stopped Montoya 's keys and took off supports the conclusion that 's! Gonzalez, at 11:00 a.m. in Department 34 before the shooting occurred during a deal! Which went into effect on January 1, 2019, 5:16 PM 13 Cal.4th 381 388. That it does not demonstrate reckless indifference to human life ]. ). ). ) )! Temme & # x27 ; s been re-arrested ) 13 Cal.4th 381, 388 [ are.
rebecca temme