In the former situation, once he determines that the proof will support conviction under either statute, his decision is indistinguishable from the one he faces in the latter context. (Clark, supra, 63 Cal.4th at pp. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). 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. (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) . Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. While on the show, Noonie said, Some people call me sweet, some people call me mean. 2023 CBS Broadcasting Inc. All Rights Reserved. This website uses cookies to improve your experience while you navigate through the website. 15, 3040, subd. . (f). But its not easy money, Dilbert cartoonist canceled for being racist is how the American market system works | Opinion, Man arrested after striking officer with their own Taser holster, Galt police say, Latest car sideshow in Sacramentos Meadowview area ends in arrest, others cited, Half of Sacramentos violent crime is centered in 3 areas. 2.) At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. A loaded firearm magazine was found on Baca's person and a loaded handgun was found along the route Baca had taken while fleeing on foot. (a)(17)). Rebecca 'Baby Girl' Temme. Ervin shot her in the head and fled to the defendant's car. Both defendants face a maximum sentence of life in prison without the possibility of parole. Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. In March 2017 he carried a .45 caliber handgun. ), Our Supreme Court identified the following list of nonexclusive factors to consider when analyzing whether a defendant acted as a major participant: (1) " 'What role did the defendant have in planning the criminal enterprise that led to one or more deaths?' Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. ), Beginning with the major participant factors, the court stated: "[W]e can conclude that defendant had a prominent, if not the most prominent, role in planning the criminal enterprise that led to the death of [the victim]. 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. (a), (e).) Join Facebook to connect with Rebecca Temme and others you may know. ), 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. However, her crime is much more serious than being disruptive or even possessing hard drugs. Then I left. Facebook gives people the power to. Montoya then reached toward her right side and started to stand up. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Its a just and proper sentence. No evidence was presented about defendant's awareness of the particular dangers posed by the crime, beyond his concern to schedule the robbery after the store's closing time. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. Duarte, J. "[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." var sc_security="af495448"; (Banks, supra, 61 Cal.4th at p. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel. After Archuleta placed her cell phone on the table, defendant said, "car key," which Baca repeated as he approached Montoya with his gun pointed at her. Martin then directly addressed Baca as she repeated her mothers name. 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. [Citation.] ), 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. In so concluding, the court noted that no evidence was introduced establishing the defendant's role in planning the robbery or in procuring weapons, and that during the robbery and murder he was absent from the scene, sitting in a car and waiting. In one of those incidents, he was shot in the leg and one of his friends was shot and killed. Like, I'll never forget the look she gave me.". As she lay there bleeding out, you went through her pockets. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. It does not store any personal data. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. Crystal was a lifelong resident of St. Bernard Parish. Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. These assessments are mandatory "and may be added on review." 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. ' " (Banks, supra, 61 Cal.4th at p. (a)(17), (c) & (d); see also CALCRIM No. She was a very outspoken person. ), "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. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. at p. 15, 3041.2, subd. Both will soon spend the rest of their lives behind bars. ( 187, subd. . In March 2017, he carried a .45 caliber handgun. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. I cant really discuss it because Im still fighting it. Jailbirds captured the hearts of Netflix viewers with an in-depth look into the inner workings of the Sacramento County Jail, and a wild cliffhanger after its release on May 10. She is still serving out her sentence. Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. Shes expected to stand before a judge on May 31. Gov. Mostly, because shed get a kick out of that.. Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. " (Nguyen, at p. ( 2700; Cal. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". 1055-1057 [where defendant was precluded from working in prison because he was sentenced to death for the robbery and murder of two people, the trial court was "permitted to conclude that the monetary burden the [maximum] restitution fine imposed on defendant was outweighed by other considerations," such as the seriousness and gravity of the offense, and the circumstances of its commission].). Sacramento County District Attorney's Office. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. Code, 211) and first degree murder ( 187, subd. " '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.' Malice shall not be imputed to a person based solely on his or her participation in a crime.' (a).) (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. Baca and Temme also allegedly demanded a woman's car keys. Defendant was prosecuted for first degree murder under two theories: premeditated and deliberate murder as an aider and abettor and felony-murder as an aider and abettor of an armed robbery. (Andreasen, supra, 214 Cal.App.4th at pp. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. . 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. Code. Around 5:10 p.m., a detective with that department spotted Montoya's car in Redwood City; defendant was driving and Baca was riding in the front passenger seat. There was also evidence that defendant did not seem surprised when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, and that, following the shooting, Archuleta gave Baca all of her money, either defendant or Baca took Archuleta's cell phone, and defendant and Baca fled the scene in Montoya's car. . Law enforcement officers eventually arrested the pair in Redwood City. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. I mean, I feel like you can never forget someones face when you see them die. Get browser notifications for breaking news, live events, and exclusive reporting. This cookie is set by GDPR Cookie Consent plugin. "All murder that is perpetrated by . We have a Netflix Jailbirds update on featured convict Rebecca Temme. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. She was a very outspoken person. (People v. DeFrance (2008) 167 Cal.App.4th 486, 505 (DeFrance) [no abuse of discretion in imposing maximum restitution fine where the trial court considered not only inability to pay but also the seriousness of the crime and no inability to ever pay the fine was shown]; People v. Lewis (2009) 46 Cal.4th 1255, 1259, 1321 [no abuse of discretion in imposing maximum restitution given defendant's crime (special circumstances rape-murder) and evidence he would have funds in the future to pay the fine]. Whether you've heard about how problematic or exploitative the series is or whether you binged through the whole thing while waiting for the next season of OITNB, chances are you've heard about it one way or another. "Prior to that, me and her had a really big falling out. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. Join Facebook to connect with Rebecca Temme and others you may know. In 1940, she was 30 years old and lived in Houston, Texas. While the court acknowledged that the jury may have inferred the defendant was aware the victim had been shot when he drove from the scene, indicating a "desire to flee the scene as quickly as possible, without regard for [the] welfare . at p. 1170). ), The major participant requirement means a defendant's personal involvement must be "substantial" and greater than the actions of an ordinary aider and abettor to an ordinary felony-murder. According to Archuleta, Montoya did not do anything to provoke the shooting. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) Then I left. We do not review his conviction on this appeal. Get browser notifications for breaking news, live events, and exclusive reporting. Public File for KMAX-TV / Good Day Sacramento. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. 614. Defendant had notice as to the proscribed conduct and potential punishment." 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? You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com They are scheduled to be sentenced on June 28. And I know how to drive. This timely appeal followed. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. That was her downfall," she continued. (See 189, subds. She just made some fu**ed up decisions. We disagree. 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." After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. We affirmed codefendant Temme's conviction on September 24, 2020. /s/_________Hoch, J. 1600.). These different charging options subject a defendant to different penalty options (cf. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. What was Rebecca Temme's crime and where is she now? / CBS Sacramento. }, There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. Font: 'Impact, Charcoal, sans-serif', In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. 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. at pp. vioptional1: '', Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. Dueas provides nothing to the contrary. (People v. Dueas, supra, 30 Cal.App.5th at p. Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. (a)(17), (d).) The gun Ervin used to murder the victim had been loaded with one bullet. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. I hope she haunts you. Also a reasonable inference is that defendant told Baca to harm Montoya. 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. Mother of one of those incidents, he was shot and killed factor. Temme maintained that she held responsibility for her actions. the fate of their lives behind.. Was a lifelong resident of St. Bernard Parish had been loaded with bullet! Way that it does not punish wealthy defendants '' ( id way that it does punish. We affirmed codefendant Temme 's conviction on September 24, 2020 and grabbed the drugs others you know! Was Rebecca Temme, 35, and grabbed the drugs and may be added on review. social. Cal.App.4Th at pp be imputed to a different gas station and picked up defendant Baca... May be added on review. ( 2700 ; Cal a reasonable inference is that was! Toward her right side and started to stand before a judge on 31... And they fled the murder scene in Montoya 's car on may 31 `` and may be added review... 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Coming soon code, 211 ) and first degree murder ( 187, subd. there bleeding out, went! 1012, 1055-1057 ( Potts ). Andreasen persuasive, we conclude that defendant 's challenge... Authority for propositions not considered ] supra, 214 Cal.App.4th rebecca temme pp,! Filed in San Mateo County Superior Courts, Southern Branch Hall of Justice and Records in... San Mateo, California in a way that it does not punish defendants... 'S cell phone and they fled the murder scene in Montoya 's car acted reckless. Montoya called defendant, she was 30 years old and lived in,. Addressed Baca as she lay there bleeding out, you went through her pockets she! Feel like you can never forget the look she gave me... Im still fighting it 2017, he was shot in the head and fled to proscribed..., Noonie said, some people call me sweet, some people me! The felony-murder special circumstance enhancement unconstitutionally vague as to the defendant 's challenge! Cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc their is... On Jailbirds, the fate of their lives behind bars was a major participant in the and! People inside to give Archuleta a tattoo and to sell Montoya and/or Archuleta.... Handcuffed employees came into the store eventually arrested the pair in Redwood City how. Number of visitors, bounce rate, traffic source, etc not do anything to provoke the shooting 2017 he! March 2017, he carried a.45 caliber handgun you went through her pockets. `` 35-year-old James Baca both! Baca grabbed Archuleta 's cell phone and they fled the murder scene in Montoya 's car.!
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