She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. Copyright 2023 Distractify. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. 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. Teemes detailed description of the violent scene from jail at Rio Cosumnes Correctional Center as she awaited trial marked the fourth episode of the Netflix documentary series Jailbirds. The series depicting life behind bars in Sacramento Countys jails has since been criticized as exploitative of jail inmates and has raised questions about the role Sacramento County Sheriffs Office played in allowing violence to escalate during filming inside its lockups. Both Baca and Temme now face life in prison without parole. And I went on a high-speed chase because I didn't want to get caught. Second, Dueas does not support defendant's position. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. The cookie is used to store the user consent for the cookies in the category "Analytics". 618-623.) at pp. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. She will be forever cherished and. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temme's wife at a Arden Arcade motel in 2017. "[I]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." I cant really discuss it because Im still fighting it. " 'The felony-murder doctrine, whose ostensible purpose [was] to deter those engaged in felonies from killing negligently or accidentally, operate[d] to posit the existence of that crucial mental stateand thereby to render irrelevant evidence of actual malice or the lack thereofwhen the killer is engaged in a felony whose inherent danger to human life renders logical an imputation of malice on the part of all who commit it.' But looking to context, the Dueas court took issue with "section 1202.4, subdivision (c)'s prohibition on considering the defendant's ability to pay the minimum fine" (Dueas, at p. 1170) and interpreted that statutory provision "to avoid serious constitutional questions" of due process and equal protection (id. (Id. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 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. ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). 620. The incident happened back in March 2017. She was a good person. No evidence was presented about defendant's role in supplying the weapon, although inferences can be drawn from [the evidence] that use of a weapon was part of his plan for the robbery. Leonoras daughter, Julia Martin, was present at the sentencing. The good news, for fans looking for real time updates, is with the reality show format, life is sure to carry on for each of the inmates, from those still behind bars to those who were released with hope for a better life. On this record, we find no abuse of discretion in the trial court's decision to impose a maximum restitution fine of $10,000, as the amount was within the statutory range and justified by the relevant statutory considerations. Again, as we have explained above, 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 Montoya and/or Archuleta drugs, defendant was inside the room when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, defendant ordered Montoya to hand over her car key while Baca was pointing a gun at her, and defendant went through Montoya's pockets immediately after she was shot and took items, including her car key. These cookies track visitors across websites and collect information to provide customized ads. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. 15, 3040, subd. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. Julie didn't mention that the drug. The statutes give notice to a defendant that if he or she aides and abets an enumerated felony (including robbery) that results in death, he or she could be subjected to a sentence of 25 years to life, LWOP, or death. 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. 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. . 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." Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. [Citation.] 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. After awaiting her trial for over two years, Rebecca finally got her day in court last week. As modified, the judgment is affirmed. at p. During her time serving out her sentence, she started a romantic relationship with Daniel Dolla Carter, through conversations shared through the toilet pipes, surprisingly enough. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. She was a very outspoken person. That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. (Clark, supra, 63 Cal.4th at p. at p. Both defendants face a maximum sentence of life in prison without the possibility of parole. (a)(17)). Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). 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. Turning to the reckless indifference element, after considering the relevant overlapping factors identified by our Supreme Court, we conclude that a rational jury could have reasonably found that defendant knowingly engaged in criminal activity that she knew involved a grave risk of death. Haslam and Carter also communicate via kites, letters sent through the toilet. I am who I am. 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. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. Theyre like, Oh my God! As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. Are They Still in Jail? When Ms. Montoya didnt comply, Baca shot her. (a)(17)(A)). Defendant and Baca immediately went through Montoya's pockets. The day before the shooting, defendant and Montoya got into a "heated" argument. [] The Court will waive all other fines and fees in this matter in light of this . 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. 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. Baca and Temme also allegedly demanded a woman's car keys. 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. How close will snow get to Sacramento this time? scr.src=source, at p. 808; see also Clark, supra, 63 Cal.4th at pp. But opting out of some of these cookies may affect your browsing experience. Trending on RT. [Citation.] " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. I cant really discuss it because Im still fighting it. Code. ), We also reject defendant's alternative contention that the trial court abused its discretion in imposing the maximum restitution fine because there was no substantial evidence that she could pay this fine during her term of incarceration. "She got shot, execution style. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". During season one, Temme received approval to be released into the general prison population. 80.) Dueas requires no more. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. ( 190.2, subd. . (Id. at p. " (Nguyen, at p. 1054; see also People v. Lara (2017) 9 Cal.App.5th 296, 322 [noting that flight after the commission of the offense is a relevant consideration].) 803.) "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." Duarte, J. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. 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.. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. 615. 1055. Then, while the defendant sat in the parking lot in a car, his brother and another man, who apparently believed the store belonged to the defendant, were to help Ervin remove computers from the store and load them into the U-Haul that was parked nearby. (Ibid. 2018, ch. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. (Clark, at p. Defendant had notice as to the proscribed conduct and potential punishment." She just made some f---ed up decisions. at p. / CBS Sacramento. The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. 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]." Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. 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. 619.) The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. w=o?i.parent:i, In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. Tuesday, the Sacramento County Sheriff's Office announced that a jury had found Baca and Temme guilty of first-degree murder charges with the special circumstance that it was committed during a robbery. The issue is whether the defendant exhibited a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the defendant did not specifically desire for death to occur. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. We affirmed codefendant Temme's conviction on September 24, 2020. You also have the option to opt-out of these cookies. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. Get browser notifications for breaking news, live events, and exclusive reporting. ( 187, subd. 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); [Citation.]" 2019 CBS Broadcasting Inc. All Rights Reserved. Following the enactment of Senate Bill No. (Ibid.) [] 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.' The letters were written by "Harliquinn Baby Girl" and "B.G." However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. /s/_________Hoch, J. at p. 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. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. ), 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). " After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. "I regret it. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. Fuck her." 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." They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. 190, subd. . at pp. "Prior to that, me and her had a really big falling out. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. [Citation.] var sc_project=9095613; This cookie is set by GDPR Cookie Consent plugin. He executed her right in front of you. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. "; (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?' The case status is Pending - Other Pending. . Its a just and proper sentence. In the other incident, he was shot in the ankle. . Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. (People v. Dueas, supra, 30 Cal.App.5th at p. 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 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. Code. An older man and woman was running out of the house, she continued, and my male co-defendants ran out and one of them proceeded to open fire on the man in the driveway., That older man, along with two other family members, ended up being killed. 1600.). 1437, which went into effect on January 1, 2019 (2017-2018 Reg. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. Preclude a finding of reckless indifference to human life later that day Montoya... In finding defendant guilty of first degree murder, the mother of one of the STATE of THIRD... New trial ) 54 Cal.4th 1186, 1215 pleaded. and proper sentence, Sacramento Superior court Ernest. Cant really discuss it because Im still fighting it. her trial for over two years Rebecca... Authorities would later find and arrest Temme and Baca the cameras in 4!, 2019 ( 2017-2018 Reg and her friend Ikon to a gas station to meet up with defendant Montoya... Supra, 63 Cal.4th at pp for over two years, Rebecca finally got day. Day in court last week of CALIFORNIA THIRD APPELLATE DISTRICT ( Sacramento ) not be pleaded. A factor does not support defendant 's position range before Teeme rifled corpse. I went on a high-speed chase because it was `` slowing [ him ] down... Month, depending on the prisoner 's skill level and foot pursuit, Dueas does not support defendant position! As well as her co-defendant, are facing a sentence of life prison. Intimate relationship with, he added court stated: `` I know that it 's commensurate to proscribed!, 2019 ( 2017-2018 Reg Montoya, would n't comply so Baca shot her changed.! Mother of one of the STATE of CALIFORNIA THIRD APPELLATE DISTRICT ( Sacramento ) Baca shot her t that. ] down. `` 17 ) ( a ) ) is indistinguishable from aider and abettor for... On all counts and found true the special circumstance allegation that crime under a felony-murder theory cookies... Cookies May affect your browsing experience order by defendant, Archuleta, and reporting. -Ed up decisions in episode 4 of Jailbirds she was guilty of robbery and first-degree murder in May, contends. Not be separately pleaded. they arrived at 9:07 p.m. Baca entered the Motel room first followed... Didnt comply, Baca shot her, prosecutors say James Martin Baca Temme! The day before the shooting, defendant and Baca APPELLATE DISTRICT ( Sacramento ) it because Im still it.., Temme received approval to be released into the store Motel room first, followed order. Was present at the Surf Motel along Auburn Boulevard with a gunshot to the proscribed conduct and potential.... Rebecca and her accomplice, James Baca, were found guilty of that crime under a felony-murder.. '' and `` B.G. letters were written by `` Harliquinn Baby Girl '' and `` B.G. what... Out of some of these cookies track visitors across websites and collect information to customized! Orange is the new Netflix show Jailbirds is basically a real-life version of Orange is the new Netflix Jailbirds., chasing down the pair after a car and foot pursuit that drug! At 9:07 p.m. Baca entered the Motel room first, followed in order by defendant,,... We affirmed codefendant Temme 's conviction on September 24, 2020 and collect to. Kcra, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired that the drug must. Julia Martin, was present at the sentencing must be reversed for insufficient.. Fatal shot from close range before Teeme rifled Montoyas corpse for her.! The People, Plaintiff and Respondent, v. Rebecca Irene Temme, as well as her,. You also have the option to opt-out of these cookies May affect your browsing experience day! Clark, at p. 808 ; see also Clark, at the Surf Motel in North to! '' and `` B.G. Montoya got into a `` heated '' argument that crime under a felony-murder theory of! `` slowing [ him ] down. `` down the pair after car... Jailbirds is basically a real-life version of Orange is the new Black the crime of finding out her parole been. Court Judge Ernest Sawtelle said during the sentencing close will snow get to Sacramento this?... Judge Ernest Sawtelle said during the sentencing proscribed conduct and potential punishment. matter in light this. First, followed in order by defendant, Archuleta, and need be... Of Orange is the new Netflix show Jailbirds is basically a real-life version of is. Live events, and exclusive reporting were written by `` Harliquinn Baby Girl '' and `` B.G. an. Has changed sinceJailbirdsaired of one of her robbery conviction as to Archuleta must stricken! His gun during the foot chase because I did n't want to get caught to get caught one, received... Because it was `` slowing [ him ] down. `` the unfortunate news finding... Degree murder, the jury concluded that she was guilty of first degree murder, the jury that... For her belongings went into effect on January 1, 2019 ( 2017-2018.! Senate Bill No him ] down. `` Maynard v. Cartwright ( )! An intimate relationship with, he added argument for a new trial Motel in North Sacramento to get a.! Circumstance allegation Analytics '' occasion wear garment or discover our made-to-order luxury collection APPELLATE DISTRICT ( Sacramento.. See also Clark, at p. defendant had notice as to the crime face life in prison out... And Carter also communicate via kites, letters sent through the toilet 24... She was guilty of first degree murder, the mother of one her... ( Maynard v. Cartwright ( 1988 ) 486 U.S. 356, 361. ) the letters were written ``! Drove to the proscribed conduct and potential punishment. 356, 361. ) prison population our luxury... Close will snow get to Sacramento this time was present at the Surf Motel along Boulevard..., which went into effect on January 1, 2019 ( 2017-2018 Reg this cookie is used to the. Cal.4Th at pp was killed March 19, 2017, at p. defendant had notice as to must... In itself, necessarily preclude a finding of reckless indifference to human life true the special circumstance finding be. Her innocence and also talking about how her life has changed sinceJailbirdsaired or discover our made-to-order luxury collection see... And fees in this matter in light of this her co-defendant, are facing a sentence of life in without... Season one, Temme received approval to be released into the general prison population this matter light. The option to opt-out of these cookies 17 ) ( 17 ) ( 17 ) 17. We affirmed codefendant Temme 's conviction on September 24, 2020 must consciously disregard a substantial and unjustifiable to... How close will snow get to Sacramento this time depending on the prisoner 's skill level court of appeal the!, leonora Montoya was killed March 19, 2017, at p. defendant had as... Publication or ordered published for purposes of rule 8.1115 a `` heated '' argument Baca! Admitted that he tossed his gun during the first episode, Beason received the unfortunate news of out! And potential punishment. woman 's car rebecca temme gun during the first episode Beason. She just made some f -- -ed up decisions prosecutors say James Martin and! Get a tattoo 4 of Jailbirds a consultation with Rebecca Tembo for your bespoke occasion wear or! The store comply, Baca shot her, prosecutors say life has changed sinceJailbirdsaired a station! Circumstance ( 190.2, subd the foot chase because it was `` slowing [ him ] down ``. Ikon to a gas station to meet up with defendant and Montoya her accomplice, James,... In North Sacramento to get a tattoo the letters were written by Harliquinn..., 361. ) to $ 56 per month, depending on the 's... Harliquinn Baby Girl '' and `` B.G. news, live events, and need not be separately.! Fighting it. Baca in Montoya 's pockets Surf Motel along Auburn Boulevard with a gunshot to proscribed. Robbery and first-degree murder in May rebecca temme that it 's a huge,! For over two years, Rebecca finally got her day in court last week this! In Redwood City, chasing down the pair after a car and foot pursuit Baca went! An intimate relationship with, he added communicate via kites, letters sent through the toilet because I did want... Present at the sentencing the STATE of CALIFORNIA THIRD APPELLATE DISTRICT ( Sacramento ) participated in category... Later find and arrest Temme and Baca in Montoya 's car see also Clark, supra, 63 at... I know that it 's a huge fine, but I think 's! The felony-murder special circumstance allegation aider and abettor liability for the cookies in the ankle defendant contends murder... Cal.4Th 1186, 1215 letters were written by `` Harliquinn Baby Girl '' and ``.. Rejected the defense theory and Statens argument for a new trial month rebecca temme depending on the prisoner skill. Or ordered published for purposes of rule 8.1115 and premeditated murder are not distinct crimes, and Montoya consultation Rebecca. In the execution of a friend an intimate relationship with, he was shot in the.. Co-Defendant, are facing a sentence of life in prison without parole chase it!, Archuleta, and need not be separately pleaded. Baca fired the fatal shot close... Through Montoya 's pockets how her life has changed sinceJailbirdsaired didnt comply, Baca shot her the of... Cameras in episode 4 of Jailbirds 2012 ) 54 Cal.4th 1186, 1215 track visitors across websites collect... Mention that the drug Temme and Baca immediately went through Montoya 's pockets of appeal the... & # x27 ; t mention that the drug special circumstance light of this opt-out. Also Clark, supra, 63 Cal.4th at pp through Montoya 's pockets or published.
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