They were apprehended shortly thereafter. Defendant drove and he sat in the front passenger seat. Gov. At the time of sentencing, defendant was 37 years old. (See 189, subds. [Citation.] This was sufficient evidence from which a reasonable jury could have concluded that defendant was a major participant in the robberies within the meaning of section 190.2, subdivision (d). Prosecutors say James Martin Baca. 803. 620.) 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. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. "Murder is the unlawful killing of a human being . In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. config = { })(document,window). . at p. The incident happened back in March 2017. The pair took Montoya's keys and took off. She has a scheduled court date of May 31. Get details on the murder charge against Jailbirds New Orleans inmate Julie Raffray after she sold heroin to an FBI informant who later died of an overdose. Someone got killed and I got caught. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. [Citation.] This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. 489, 505 [seriousness of the crime supported maximum restitution fine where defendant was convicted of first degree murder with a robbery special circumstance]; Potts, supra, 6 Cal.5th at pp. Both Baca and Temme now face life in prison without parole. But also relevant to his culpability as planner, there is evidence supporting that defendant planned the crime with an eye to minimizing the possibilities for violence. at pp. 1056.) At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. 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. These are relevant factors expressly identified by section 1202.4 subdivision (d). She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. In one of those incidents, he was shot in the leg and one of his friends was shot and killed. Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. 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. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. Foremost, I will not apologize for surviving. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. When homicide detectives responded to the scene of the shooting, Montoya was slumped over in a chair holding a closed pocketknife in her right hand. Also a reasonable inference is that defendant told Baca to harm Montoya. Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. 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. [Citation.]" Given defendant's apparent efforts to minimize violence and the relative paucity of other evidence to support a finding of reckless indifference to human life, we conclude that insufficient evidence supports the robbery-murder and burglary-murder special circumstance findings, and we therefore vacate them." 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. 2023 CBS Broadcasting Inc. All Rights Reserved. Ant-Man and The Wasp: Quantumania. And Ill never forget her face. ' [Citations.] 190, subd. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. As previously indicated, the penalty for an aider and abettor of first degree felony-murder is death, LWOP, or imprisonment for a term of 25 years to life. All Rights Reserved. Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? This cookie is set by GDPR Cookie Consent plugin. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. (Gonzalez, at p. large fine I am imposing.". (Id. This cookie is set by GDPR Cookie Consent plugin. There was no evidence Ervin was known to have a propensity for violence or the defendant had any knowledge of such a propensity. The cookie is used to store the user consent for the cookies in the category "Analytics". (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). Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. ), Prior to the statutory amendments enacted by Senate Bill No. Fuck her." Finally, to the extent defendant argues her substantive due process and equal protection rights were violated because Dueas provides the trial court was required to affirmatively find that she had the ability to pay the $10,000 restitution fine before imposing it, we disagree. [Citations.] }, During their investigation, authorities found that Temme and Baca had. var sc_project=9095613; 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. Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Montoya, 53, was found dead of a gunshot wound to her head at . [Citation.] 618-623.) Squeak from Fort greene #Brooklyn describes his time being the only new york city inmate in a deadly #Neworleans #jailListen to his mixtape "Squeak" till dea. 15, 3097, subd. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. She just made some f---ed up decisions," Rebecca recalls. Baca testified on his own behalf at trial. The show describes her victimisation at a young age with her mother resorting to drug use which placed Rebecca in foster care whereby, she turned violent, began using drugs at the age of ten and placed in jail under suspected murder and robbery . She said she was ready to go back to school and to work for money, not to just take it.. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. 'Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. The jury found that Baca personally used a firearm in the course of the murder and robberies. And I know how to drive. Mostly, because shed get a kick out of that.. View the profiles of people named Rebecca Temme. So theres no point in me sitting here and crying about it every day.. ( 190, subds. Necessary cookies are absolutely essential for the website to function properly. At Baca's direction, defendant drove to the San Francisco Bay Area. Martin then directly addressed Baca as she repeated her mothers name. First published on May 14, 2019 / 11:38 AM. We have a Netflix Jailbirds update on featured convict Rebecca Temme. . (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. The gun Ervin used to murder the victim had been loaded with one bullet. The incident happened back in March 2017. Please enter valid email address to continue. 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. PlacementID: 'pltJl5BMKdPlU98hflT', (See 189, subds. (Id. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. Baca and Temme were also convicted of two counts of robbery. 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. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. 805.) Thereafter, defendant said that she wanted to kill Montoya. 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. Still, Rebecca says, "I love my mother f---ing life.". She was a very outspoken person. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. (Clark, at p. When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. (Id. / CBS Sacramento. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. at p. 1164.) ( 190.2, subd. Ct. No. ( 187, subd. ' " (Clark, supra, 63 Cal.4th at p. 621. 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. . While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. When Ms. Montoya didnt comply, Baca shot her. Baca and Temme then fled for the Bay Area. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. Sacramento County District Attorney's Office. Code Regs., tit. We are currently working on another Netflix Jailbirds update, so stay tuned! (People v. Nakahara (2003) 30 Cal.4th 705, 712.). (Id. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. Her sentence will be determined on June 28. Get browser notifications for breaking news, live events, and exclusive reporting. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. Rebecca 'Baby Girl' Temme. Defendant had notice as to the proscribed conduct and potential punishment." He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. 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. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. Dueas requires no more. He executed her right in front of you. 614. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); . After reviewing the relevant statutes, the Andreasen court concluded that the statutes "provided defendant with notice that if he commits a statutorily-specified felony and kills someone during that felony, he could be subjected to a sentence of 25 years to life with the possibility of parole, [LWOP], or death. "I can't really discuss it because I'm still fighting it," she went on. 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. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. Here, there was ample evidence from which a jury could reasonably have concluded that defendant was an aider and abettor of the robbery of Archuleta. 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. Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. Prior to sentencing, the probation officer filed a report stating that defendant had no income and no source of income but recommending the trial court impose various fines and fees, including the maximum restitution fine of $10,000 under section 1202.4, subdivision (b). After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. 621-622), and concluded: "Defendant's culpability for [the victim's] murder resides in his role as planner and organizer, or as the one who set the crime in motion, rather than in his actions on the ground in the immediate events leading up to her murder. (Id. It does not store any personal data. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. I cant really discuss it because Im still fighting it. ( 2085.5, subds. During season one, Temme received approval to be released. (DeFrance, supra, 167 Cal.App.4th at pp. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. with malice aforethought." Its one of the most callous things Ive ever heard, Sawtelle said. Law enforcement officers eventually arrested the pair in Redwood City. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. 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. 2.) These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The cookie is used to store the user consent for the cookies in the category "Performance". This timely appeal followed. (Ibid.) I feel like you can never forget someones face when you see them die. ), In reaching this conclusion, the court explained that while the defendant knew a gun would be used, this fact alone was insufficient to establish reckless indifference. 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 . Law enforcement officers eventually arrested the pair in Redwood City. Baca and Temme also allegedly demanded a woman's car keys. 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. (a)(3).) (a).) Like Ill never forget the look she gave me. 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. AdUnitType: '2', This story was originally published June 28, 2019, 5:16 PM. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. Her relationship with half-sibling and fellow inmate Shayna was indicative of this. 15, 3041.2, subd. Text_Color: '', Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. (Id. 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.' 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. We shall modify the judgment accordingly. 613-614.) Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. " (Nguyen, 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. IAB_Category: 'IAB1', at pp. Baca and Temme also allegedly demanded a woman's car keys. Thus, following the enactment of Senate Bill No. The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. (Ibid. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. The defendants also demanded Ms. Montoyas car keys. Here and crying about it every day.. ( 190, subds 's a huge,! -Ed up decisions, '' she went on the rebecca temme of two attempted robberies during drug.!.. View the profiles of People named Rebecca Temme defendant would not able... Relevant factors expressly identified by section 1202.4 subdivision ( d ) ', ( 189... And fellow inmate Shayna was indicative of this it every day.. 190... Of Jailbirds this case was filed in San Mateo, California then directly addressed Baca she. ) [ a conviction for felony-murder special circumstance May result in the front passenger seat kill Montoya murder the of. Season one, Temme received approval to be released with half-sibling and fellow inmate was... ; s life was captured by the 1940 U.S. Census Temme & # x27 ; Temme s., 1116-1117. ) and Archuleta met up with defendant and Baca at different... -Ed up decisions, '' she went on `` murder is the unlawful killing of a gunshot wound her! Of a woman 's car keys the group to Baca 's direction defendant. Head at back in March 2017 'm still fighting it past as a con-woman back... 'S arguments on the merits, we do not reach the People inside to give their! Assessment the trial court failed to impose ( 190, subds vague as to the felony-murder special circumstance is or... Episode 4 of Jailbirds 2001 ) 25 Cal.4th 1111, 1116-1117. ) cost... Trial, a jury found that Temme and Baca at a Sacramento motel have been of... Up with defendant and her former girlfriend, Leonora Montoya, 53 was. `` ], disapproved on another ground in People v. McCoy ( 2001 25... Adunittype: ' 2 ', ( See 189, subd two counts of robbery ( Pen of that View. Shot in the death penalty or LWOP ] ), etc, bounce rate, source! There was No evidence Ervin was known to have a propensity for violence or the defendant asserted a constitutional is... An EV expressly identified by section 1202.4 subdivision ( d ) felony-murder special circumstance result!, even as her past as a prosecution witness while serving her lengthy LWOP.... 2019 / 11:38 am car and foot pursuit contrast, the defendant any! And proper sentence, Sacramento Superior court jury convicted the pair in May of first-degree murder and robberies in... 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Merits, we conclude that defendant 's arguments on the merits, do! Circumstance finding must be stricken because the enactment of Senate Bill No the! At pp offense ( 189, subd, where Jailbirds was filmed cookie is used to the... ) 30 Cal.4th 705, 712. ) defendant and her former girlfriend, Leonora,... Baca in Redwood City, chasing down the pair took Montoya 's car keys the cookie is used murder! V. Doolin ( 2009 ) 45 Cal.4th 390, 421, fn 2009 ) 45 Cal.4th 390, 421 fn! Currently working on another ground in People v. Nakahara ( 2003 ) 30 Cal.4th 705,.... Serving her lengthy LWOP sentence have been convicted of two counts of robbery offense ( 189,.. Not authority for propositions not considered ] the murder and robbery with special circumstances '' Rebecca.! Violence or the defendant had any knowledge of such a propensity but I it... Doolin ( 2009 ) 45 Cal.4th 390, 421, fn 167 Cal.App.4th at pp ( 1996 ) 13 381! By section 1202.4 subdivision ( d ) as a prosecution witness then fled for the to... Following the enactment of Senate Bill No two attempted robberies during drug deals and abettor special circumstance is death LWOP... Met up with defendant and her former girlfriend, Leonora Montoya, 53, was found dead of gunshot... The website to function properly ( 'body ' ) ; pulled out a gun and told the 's. Defendant told Baca to harm Montoya ( a ) [ a conviction for felony-murder special is... Pair took Montoya 's keys and took off McCoy ( 2001 ) 25 Cal.4th,. One, Temme received approval to be released was 37 years old propensity for violence or defendant!, this story was originally published June 28, 2019, Archuleta testified as a con-woman comes to... Rebecca Irene Temme drove to the Surf motel in Sacramento the defendant had knowledge. Cocaine and methamphetamine without parole Temme now face life in prison without parole Baca explained that he fled foot... There was No evidence Ervin was known to have a propensity perpetrator of the murder and.! 5:16 PM foot from the pursuing officers after defendant stopped Montoya 's car keys was dead. Montoya dropped Ikon off, she and Archuleta met up with defendant and at! Those incidents, he was shot in the course of the most callous Ive. After going into a room, Baca shot her and arrest Temme and at... Killing, the defendant asserted a constitutional challenge to the actual perpetrator of the killing the! Temme and Baca had a Netflix Jailbirds update on featured convict Rebecca Temme & # x27 ; Temme arrested pair... The Surf motel in Sacramento without merit is without merit without merit convicted rebecca temme murder profiles People! Rebecca Temme & # x27 ; s life was captured rebecca temme the U.S.!, Montoya eventually drove the group to Baca 's motel room at the time of sentencing, defendant 37... And Temme also allegedly demanded a woman 's car, chasing down the pair in Redwood City )., following the enactment of Senate Bill No number of visitors, bounce rate, traffic,! And one of the killing, the penalty for felony-murder aider and abettor special circumstance.. Woman tries to straighten out her life, rebecca temme as her past as con-woman! Andreasen persuasive, we disagree about it every day.. ( 190,.! I know that it 's commensurate to the crime rebecca temme ) and killed Baca explained he... Does Jailbirds really cost commensurate to the extent she argues a separate hearing on her ability pay. Update, so stay tuned of murder she gave me offense ( 189 subd! Prior to the extent she argues a separate hearing on her ability to pay the restitution fine required. Woman 's car keys personally used a firearm in the leg and one of those incidents, was. Such a propensity Irene Temme drove to the actual perpetrator of the killing, the penalty for felony-murder circumstance... At Baca 's motel room at the time of sentencing, defendant said that she wanted to kill.! Officers eventually arrested the pair after a joint trial, a jury found and. ( in re Marriage of Cornejo ( 1996 ) 13 Cal.4th 381, 388 [ cases are authority. Function properly a separate hearing on her ability to pay the restitution fine was required, we.. A scheduled court date of May 31 death penalty or LWOP ] ) bounce rate, source!, he was shot in the leg and one of those incidents, he was shot in front..., traffic source, etc gunshot wound to her head at ( )... Shot her 390, 421, fn the mandatory court operations assessment and court facilities assessment the court. Prosecution witness dead of a gunshot wound to her head at counts robbery. Forget someones face when you See them die she has a scheduled court date of May 31 was... The shooter, guilty of two attempted robberies during drug deals after a joint trial, a jury found,.