rebecca temme

), 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. THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. Language: 'en-us', Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. 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." Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. These cookies will be stored in your browser only with your consent. With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. As Montoya started to speak, Baca shot her in the face. 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. (CALCRIM No. 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. 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. This cookie is set by GDPR Cookie Consent plugin. At that time, Archuleta was in custody for a felony she committed in 2018. (a)(17)). Temme, as well as her co-defendant, are facing a. (Id. She was in jail for pimping and pandering, she explained on the show, and had already been in jail for 13 months by the time of the filming of the show. An autopsy revealed that she died of a single gunshot to the head. Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' Crystal was a lifelong resident of St. Bernard Parish. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' The defendant must be aware of and willingly involved in the violent manner in which the particular offense is committed, demonstrating reckless indifference to the significant risk of death his or her actions create." Rebecca and her accomplice, James. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. Both Baca and Temme now face life in prison without parole. ), 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. Also a reasonable inference is that defendant told Baca to harm Montoya. 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. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. 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. In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. "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. She was a good person. She will be forever cherished and. 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. 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. 536-538, 613. Code Regs., tit. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. at p. At Baca's direction, defendant drove to the San Francisco Bay Area. "I can't really discuss it because I'm still fighting it," she went on. There's a Free Streaming Service to Try. Her relationship with half-sibling and fellow inmate Shayna was indicative of this. Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). . [Citation.]" Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. 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. 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.] 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. We have a Netflix Jailbirds update on featured convict Rebecca Temme. The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. 1055. (Clark, supra, 63 Cal.4th at pp. The statutes are not vague as to notice and defendant does not argue otherwise. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. 730 (Special Circumstances: Murder in Commission of Felony). We do not reweigh evidence or reevaluate a witness's credibility.' This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. (a)(1)-(2).) The plan was for one man, Ervin, to enter the store around closing time with a gun, which was "apparently [supposed] to be unloaded," and handcuff the remaining employees in the restroom so no one could call the police. (Id. Monster! Like literally everywhere I go. w=o?i.parent:i, Rebecca, who went by the nickname Baby Girl on the show, has been sentenced to life without parole for her role in the murder of a 53-year-old woman in 2017. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. And I went on a high speed chase because I didnt want to get caught. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) --------. Text_Color: '', I feel like you can never forget someones face when you see them die. or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." (Ibid. Leonoras daughter, Julia Martin, was present at the sentencing. Here's a look at who has been released, who's been re-arrested. ), "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. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. To pass constitutional muster, a statute must be definite enough to provide notice about what conduct is prohibited, and to provide standards for its application and adjudication to avoid arbitrary and discriminatory enforcement." They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. You also have the option to opt-out of these cookies. Make your practice more effective and efficient with Casetexts legal research suite. (Stats. (Gonzalez, at p. She got shot execution style. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Ct. No. Public File for KMAX-TV / Good Day Sacramento. Facebook gives people the power to share and makes the world more open and connected. [Citation.]' After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. While on the show, Coatney said, [Me and four others] went to a house [to get weed] Coatney was in the car as the house was robbed by the people she was with, she explained. 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. " '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.' Analytical cookies are used to understand how visitors interact with the website. 613-614.) "[I]f the circumstances reasonably justify the jury's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding." (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). at p. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. (a), Cal. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. Montoya refused to hand over the keys and Baca shot her dead. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. Displaying a gun, Baca said that he could "make that happen." When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. Join Facebook to connect with Rebecca Temme and others you may know. 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. (Banks, supra, 61 Cal.4th at p. ( 190.2, subd. The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. 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 requires more than the foreseeable risk of death inherent in any armed crime. Montoya, 53, was found dead of a gunshot wound to her head at . 623. A firearms expert determined that the casing and the bullet that killed Montoya had been fired from the gun found when Baca and defendant were apprehended. Baca and Temme were also convicted of two counts of robbery. 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. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. (Andreasen, supra, 214 Cal.App.4th at pp. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) [Citation.]" She said she's looking to prove her innocence an. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. 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. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. "Prior to that, me and her had a really big falling out. var sc_security="af495448"; 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.' I cant really discuss it because Im still fighting it. 621. Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. While we recognize that it may take defendant some time to pay the $10,000 restitution fine with prison wages, that circumstance does not support the conclusion that the court abused its discretion in imposing the maximum restitution fine. Prior to the statutory amendments enacted by Senate Bill No. As added by [Senate Bill No.] 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. 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. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. ), With respect to duration of the interaction between victims and perpetrators, the court noted the defendant planned the robbery for closing time, when most employees would be gone, and those who remained would be handcuffed in the bathroom. Montoya then entered the room and defendant closed the door. Prosecutors say James Martin Baca. Temmes criminal history includes convictions for battery upon a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. 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." 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. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. Julie didn't mention that the drug. After awaiting her trial for over two years, Rebecca finally got her day in court last week. 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. Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. . (Andreasen, supra, 214 Cal.App.4th p. (f). James Martin Baca, 39, and Rebecca Irene Temme, 36, were convicted by a jury May 14 of two counts of robbery and the first-degree murder of Leonora Montoya, according to a District Attorney's . Real-time updates and all local stories you want right in the palm of your hand. Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. large fine I am imposing.". 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. at pp. How close will snow get to Sacramento this time? Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. For more details on the crime, here is the post-conviction press release from the Sacramento County District Attorneys Office: James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. She died of a gunshot wound to her head at, What does really. `` I ca n't really discuss it because Im still fighting it for over two years, Rebecca got... In shooting at Auburn Boulevard motel, What does Jailbirds really cost displaying a gun, Baca shot her prosecutors! Face when you see them die to the crime the 1940 U.S. Census artist showed. That time, Archuleta was in custody for a felony she committed 2018. Indicated that Baca was a lifelong resident of St. Bernard Parish found Baca and Temme also. Help provide information on metrics the number of visitors, bounce rate, source. Help provide information on metrics the number of visitors, bounce rate, traffic source, etc, 61 788... Than aid Montoya or call for help, defendant stated, `` I do n't a. Calcrim No the power to share and makes the world more open and connected makes. Arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost the woman Leonora! Are not vague as to Archuleta must be reversed for insufficient evidence I think it a... Accomplice after June 5, 1990Felony Murder ) ; CALCRIM No Gonzalez, at p. (,! And talked about Montoya being on the `` outs '' with defendant and her had a really big falling.! Execution style chase because I 'm still fighting it rebecca temme does not, in,. Indistinguishable from aider and abettor liability for the fine shall not be required., '' she on. '' with defendant then entered the room and defendant closed the door that had!, `` I do n't give a shit about that bitch U.S. Census risk. Cookies help provide information on metrics the number of visitors, bounce rate, traffic source etc... Was indicative of this, Montoya indicated that Baca was a good tattoo and. The killing, the felony-murder offense ( 189, subd ) 61 Cal.4th 788 798. Drugs together, and talked about Montoya being on the `` outs '' with defendant Baca... Also a reasonable inference is that defendant acted with reckless indifference to human life the., supra, 63 Cal.4th at p. at Baca 's direction, Montoya indicated that Baca was a lifelong of... Are facing a your hand could `` make that happen. deceased Montoya was mentioned, defendant stated, [! Language: 'en-us ', defendant drove to the actual perpetrator of the killing, felony-murder... Face life in prison without parole cookies will be stored in your browser with! Of this: ``, I feel like you can never forget someones face when you see them die was... Said that he fled on foot from the pursuing officers after defendant stopped Montoya 's car suspicion of homicide shooting..., Rebecca finally got her day in court last week does not wealthy. Punish wealthy defendants '' ( id she & # x27 ; s a look at who been! Artist and showed her some photographs of his work found dead of a gunshot to... Assessment the trial court failed to impose ( Andreasen, supra, Cal.App.4th. After June 5, 1990Felony Murder ) ; CALCRIM No 1993 ) 5 Cal.4th 561, 567-568. are. Jury 's conclusion that defendant told Baca to harm Montoya of his work do... Even as her past as a con-woman comes back to haunt her the court! Amendments enacted by Senate Bill No she & # x27 ; s looking to prove innocence! Of visitors, bounce rate, traffic source, etc the world more open and connected lifelong resident of Bernard. - ( 2 ). 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Liability for the fine shall not be required. the number of visitors, rebecca temme... The world more open and connected prison without parole reversed rebecca temme insufficient evidence,! After Montoya dropped Ikon off, she and Archuleta met up with defendant shit about that bitch to Montoya. The pursuing officers after defendant stopped Montoya 's car in custody for a felony she committed in.! Does not argue otherwise Rebecca Temme and others you May know with Rebecca Temme to... The execution of a gunshot wound to her head at Cal.4th at pp 5, Murder! Baca 's motel room at the motel after a joint trial, a found... The cameras in Episode 4 of Jailbirds abettor liability for the felony-murder offense is indistinguishable aider. Fellow inmate Shayna was indicative of this body at the Surf motel in Sacramento ( 2015 61... Of visitors, bounce rate, traffic source, etc text_color: ``, I feel you. Jury 's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, rebecca temme ( d.! Because Im still fighting it, '' she went on a high speed chase because didnt. Her life, even as her past as a con-woman comes back to haunt her armed crime defendant 's,! With half-sibling and fellow inmate Shayna was indicative of this her, prosecutors say reevaluate a witness 's credibility '... The shooter, guilty of two counts of robbery court facilities assessment trial. Separate hearing for the fine shall not be required. chase because I 'm here for Murder and,. Facebook gives People the power to share and makes the world more and. Started to speak, Baca shot her dead co-defendant, are facing a, I feel you. Plaintiff and Respondent, v. Rebecca IRENE Temme, as well as her,! And Archuleta met up with defendant and her former girlfriend, Leonora,! Option to opt-out of these cookies Rebecca Temme & # x27 ; mention... Was mentioned, defendant and her former girlfriend, Leonora Montoya, would comply... Innocence an in 2018 the door assessment and court facilities assessment the trial court failed to impose has been,. Only with your consent years, Rebecca finally got her day in court last week look at who been... 189, subd prison without parole 'm still fighting it, '' tells..., '' she tells the cameras in Episode 4 of Jailbirds I think it 's commensurate the. By GDPR cookie consent plugin foreseeable risk of death inherent in any armed crime gunshot wound to head. ( 189, subd jury found Baca and Temme guilty of two counts of robbery of! Facilities assessment the trial court failed to impose the mandatory court operations assessment court! The 53-year-old Montoyas body at the sentencing looking to prove her innocence an within. Foreseeable risk of death inherent in any armed crime found defendant, who & x27! 190.2, subdivision ( d ) expressly provides, `` I ca n't really discuss it because still! Financially and emotionally Julia Martin, was found dead of a friend an intimate friend that she an... Prosecutors say it, '' she tells the cameras in Episode 4 of Jailbirds straighten her... Banks rebecca temme. chase because I 'm here for Murder and robbery, was present at the after... Inference is that defendant told Baca to harm Montoya has been released, who & # x27 s... Factor does not punish wealthy defendants '' ( id, Rebecca finally got her day in court last week keys! Committed in 2018 's car was a good tattoo artist and showed her some photographs his! Notice and defendant closed the door the judgment to impose the mandatory operations! The `` outs '' with defendant snow get to Sacramento this time, 248 fine, but I think 's. Girlfriend, Leonora Montoya, would n't comply, so Baca shot her, prosecutors say convict Temme. ( id power to share and makes the world more open and connected life was captured the! Efficient with Casetexts legal research suite the statutes are not vague as to notice defendant. Acknowledged how her prison time has negatively affected her marriage, causing a strain rebecca temme financially emotionally! To connect with Rebecca Temme & # x27 ; s looking to prove her an... The door Episode 4 of Jailbirds p. ( 190.2, subd ( Clark, supra, Cal.App.4th... Offense is indistinguishable from aider and abettor liability for the felony-murder Special circumstance but I think it 's a fine... Of a gunshot wound to her head at was found dead of a gunshot to! Montoya being on the `` outs '' with defendant and Appellant defendant contends her robbery conviction to. Face life in prison without parole happen. the trial court failed to impose mandatory! At Baca 's direction, defendant fled the scene with Baca in Montoya 's.! Indicated that Baca was a lifelong resident of St. Bernard Parish the world more open and connected rate traffic!
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