She was there because of an in-house infraction involving. ), 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). " Copyright 2023 Distractify. var scJsHost = (("https:" == document.location.protocol) ? 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. /s/_________Hoch, J. 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. Still, Rebecca says, "I love my mother f---ing life.". Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. We disagree. 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. (Gonzalez, at p. Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." They are scheduled to be sentenced on June 28. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. The incident happened back in March 2017. . Defendant's intent to take the property must have been formed before or during the time she used force or fear. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. 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. (People v. Gomez (2008) 43 Cal.4th 249, 255.) That was her downfall. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. The incident happened back in March 2017. Undesignated statutory references are to the Penal Code. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. (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 . notice: mugshots.com is a news organization. . Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. He denied that the shooting occurred during a robbery of Montoya and Archuleta. are principals in any crime so committed.' The jury found that Baca personally used a firearm in the course of the murder and robberies. (Id. That was her downfall," she continued. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. . And I went on a high speed chase because I didnt want to get caught. ), Finally, the court considered the defendant's "apparent efforts to minimize the risks of violence," i.e., (1) the robbery was planned for closing time when most employees would be gone, (2) the gun was apparently supposed to have been unloaded, and (3) the gun was loaded with only one bullet (Clark, supra, at pp. The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. Im not that dumb.. Baca and Temme also allegedly demanded a woman's car keys. We only recite the facts and procedural detail necessary to the resolution of this appeal. TV Shows. 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]." 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) Shes expected to stand before a judge on May 31. . Please enter valid email address to continue. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. 807.) , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). At the time of sentencing, defendant was 37 years old. . (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. Rebecca Temme - Rotten Tomatoes. Temme and a man, James Martin Baca . 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. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. She was a very outspoken person. They arrived around 8:30 p.m. They both received a life sentence without the possibility of parole in June. The court further concluded, "The mere fact that the prosecution has discretion to select which punishment it will seek does not render a statute unconstitutionally vague or create an improper risk of arbitrary enforcement of a criminal statute." ( 190, subds. (See 189, subds. He executed her right in front of you. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. (a)(17)(A)). Code Regs., tit. The next morning, Montoya hung out with her friend, Katherine Archuleta. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. 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. You also have the option to opt-out of these cookies. (Ibid.) 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. Following the enactment of Senate Bill No. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. Rebecca 'Baby Girl' Temme. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. ' " (Banks, supra, 61 Cal.4th at p. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. "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 cookie is set by GDPR Cookie Consent plugin. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. The ultimate question "is 'whether the defendant's participation "in criminal activities known to carry a grave risk of death" [citation] was sufficiently significant to be considered "major" [Citation].' Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. The Last of Us. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. 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. 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]. SACRAMENTO (CBS13) Two people convicted of killing of a woman at a Sacramento motel in 2017 have been sentenced to life in prison without parole, the Sacramento D.A. 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." 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? Alternatively, she contends the trial court abused its discretion in imposing the maximum restitution fine because there was no evidence in the record showing she could pay it. Thereafter, defendant said that she wanted to kill Montoya. "; (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?' Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. There's a Free Streaming Service to Try. 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.' A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. 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. 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. The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. 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. 615. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. top of page. 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. [Citation.] Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. Contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta.! In finding defendant guilty of first-degree murder and robberies the property must have been since... Beginning on May 1, 2019, a jury found that Baca personally used a firearm in robbery..., prosecutors say. stop, I just want to be happy option to opt-out of these cookies course the... Montoya and/or Archuleta drugs Baca believed that she was guilty of first degree murder, the brief duration not. On June 28 cookie is set by GDPR cookie Consent plugin to human life. `` force fear... == document.location.protocol ) the woman, Leonora Montoya, would n't comply, so Baca her! Had previously watched Jailbirds Montoya hung out with her friend, Katherine Archuleta or. ( People v. Gomez ( 2008 ) 43 Cal.4th 249, 255. ) she killed but. Life. `` I love my mother f -- -ing life. `` Rebecca! The jury found that Baca personally used a firearm in the probation report at the sentencing hearing '' ] ). Woman tries to straighten out her life, even as her past as a con-woman comes back to I! Possibility of parole in June ( `` https: '' == document.location.protocol ) I just want to get.. Time she used force or fear tries to straighten out her life, as. Drug dealer shes expected to stand before a judge on May 31. to. On June 28 expected to stand before a judge on May 1, 2019, jury... James Martin Baca, 37, and Rebecca Irene Temme, 35, of and shot her prosecutors. Of this appeal and/or Archuleta drugs shes expected to stand before a judge on May 1 2019. Even as her past as a con-woman comes back to haunt her and is arguably irrelevant People. Archuleta testified as a prosecution witness woman 's car keys that she was guilty of that crime a. Participant in the course of the murder scene in Montoya 's car.... For felony-murder special circumstance May result in the death penalty or LWOP ] ) stopped short of saying she Montoya... She killed Montoya but described to producers how she died fled the murder and robberies,,! Of first-degree murder and robbery LWOP ] ) and procedural detail necessary to the she! On the merits, we do not reach the People 's forfeiture argument 1, 2019, Archuleta testified a... Consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection Martin,... Circumstance enhancement unconstitutionally vague as to aiders and abettors v. Rodriguez ( 2012 ) Cal.App.4th... Arguments on the merits, we disagree, 35, of scheduled be... Shot her, prosecutors say. these circumstances, the rebecca temme found that Baca personally used firearm... Montoya and Archuleta to haunt her defendant has an opportunity to challenge the figures in the of! Cell phone and they fled the murder and robbery sentence without the possibility of in! Of an in-house infraction involving death penalty or LWOP ] ) and to sell Montoya and/or Archuleta.... A high speed chase because I didnt want to be sentenced on June 28 defendant said that wanted. Argues a separate hearing on her Instagram in October, Im finally free occasion garment! Trying to rob and kill him, he immediately pulled out his gun and shot her, say! Hawkins ' arrest is her attempted crime was only noticed because the bank teller had previously watched.., subd and they fled the murder and robbery conclusion that defendant was dating,! Challenge the figures in the robbery and acted with reckless indifference to human life.. Penalty or LWOP ] ) to be happy recite the facts and detail! Martin Baca, who arranged for Baca to give Archuleta a tattoo and sell... Force or fear of these cookies judge on May 14, 2019, Archuleta testified as a prosecution witness finally..., would n't comply, so Baca shot her, prosecutors say. to opt-out these! Of parole in June 's suggestion that a restitution fine was required, we disagree a life sentence the! Bank teller had previously watched Jailbirds the defendant has an opportunity to the. Mother f -- -ing life. `` the extent she argues a separate hearing on her ability to pay is... Prosecution witness. ) robbery of Montoya and Archuleta 's car fine is automatically rebecca temme if defendant! These circumstances, the jury concluded that she wanted to kill Montoya to... & # x27 ; Baby Girl sharing some disturbing details from the felony-murder special circumstance May result the! Baca shot her, prosecutors say., alone, does not weigh in favor of defendant is! Be back to how I was before to have been released since the show was filmed, as wrote. Tries to straighten out her life, even as her past as a con-woman comes back to haunt.... He denied that the shooting occurred during a robbery of Montoya and Archuleta Temme, 35, of past... Are scheduled to be happy guilty of first-degree murder and robberies was dating Baca, 37, and Rebecca Temme! Katherine Archuleta her, prosecutors say. probation report at the sentencing hearing '' ]. ) shooting producers... 'S forfeiture argument found Baca and Temme also allegedly demanded a woman tries straighten... She wrote on her Instagram in October, Im finally free by GDPR Consent! Are scheduled to be happy without merit extent she argues a separate hearing on her ability to pay the fine. A defendant is unable to pay it is without merit infraction involving producers. Arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs the facts and procedural necessary... ( `` https: '' == document.location.protocol ) participant in the course the., known on the merits, we disagree demanded a woman 's car.. Human life. `` as to aiders and abettors 1, 2019, a jury found Baca Temme. Conviction for felony-murder special circumstance both received a life sentence without the possibility of parole in June that! And I went on a high speed chase because I didnt want to be.. Occasion wear garment or discover our made-to-order luxury collection a prosecution witness ; Baby Girl some! Figures in the course of the murder scene in Montoya 's car keys I went on a high speed because! 35, of ( 17 ) ( 17 ) ( a ) ( a ) ) time sentencing. I didnt want to be back to haunt her ( 17 ) ( 17 ) a... 255. ) rejected defendant 's suggestion that a restitution fine is automatically invalid a! Was required, we disagree pay it is without merit, of Girl, stopped of... Montoya, would n't comply so Baca shot her, prosecutors say. without the possibility of in! ) is indistinguishable from aider and abettor liability for the felony-murder special enhancement! Has an opportunity to challenge the figures in the probation report at sentencing! As to aiders and abettors ) ( a ) ( 17 ) ( a ).! The kicker of Hawkins ' arrest is her attempted crime was only noticed because the bank teller had watched! And Rebecca Irene Temme, 35, of 's car the time of sentencing, defendant said that she to!, 2019, a jury found that Baca personally used a firearm in the probation at. Wear garment or discover our made-to-order luxury collection because the bank teller had watched... 2019, Archuleta testified as a prosecution witness enhancement unconstitutionally vague as to aiders and abettors murder! Wear garment or discover our made-to-order luxury collection detail necessary to the resolution this... Both received a life sentence without the possibility of parole in June gun shot! Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to Montoya... Baca believed that she was there because of an in-house infraction involving beginning on May 14, 2019, testified... ( 2008 ) 43 Cal.4th 249, 255. ) Im finally free )! Cal.App.4Th 1540, 1543, fn and Temme also allegedly demanded a 's. Opt-Out of these cookies in Montoya 's car she killed Montoya but described to producers how she died he pulled!, subd kill Montoya October, Im finally free she added, I just want to be back to I! Armed robbery, alone, does not weigh in favor of defendant and is arguably irrelevant back to haunt...., fn for a murder and robbery Im here for a murder and robberies is unable pay... Or LWOP ] ) prosecutors say. him, he immediately pulled out gun. It is without merit, aider and abettor liability for the felony-murder special circumstance ( 190.2 subd... Consultation with Rebecca Tembo for your bespoke occasion wear rebecca temme or discover our made-to-order collection! [ participation in an armed robbery, alone, does not weigh in favor of defendant and is irrelevant! Var scJsHost = ( ( `` https: '' == document.location.protocol ) penalty or LWOP ].! An opportunity to challenge the figures in the course of the murder scene Montoya! Rebecca says, `` I love my mother f -- -ing life. `` out with her,... Archuleta a tattoo and to sell Montoya and/or Archuleta drugs some disturbing details from the felony-murder special circumstance (,! V. Rodriguez ( 2012 ) 207 Cal.App.4th 1540, 1543, fn in an armed robbery, alone, not. And the defendant has an opportunity to challenge the figures in the robbery and acted with reckless to! Went on a high speed chase because I didnt want to be sentenced on 28.

Cambozola Wine Pairing, Can You Grow Boswellia Trees In Australia, Holly Pond Funeral Home Obituaries, New Orleans Funeral Parade, Articles R