As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. (a)(17), (d).) According to Archuleta, Montoya did not do anything to provoke the shooting. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. She was a very outspoken person. (adsbygoogle = window.adsbygoogle || []).push({}); Although Rebecca mentions that the victim, Leonora Montoya, was her wife, I could find no confirmation that they were actually married in the numerous news articles about her arrest and conviction. In the other incident, he was shot in the ankle. SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); var sc_invisible=1; Im not that dumb.. These are relevant factors expressly identified by section 1202.4 subdivision (d). ChannelID: '59c4d02d28a06117d405b228', In one of those incidents, he was shot in the leg and one of his friends was shot and killed. I hope she haunts you. 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. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). at pp. 15, 3040, subd. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. She argues that the record does not contain substantial evidence supporting the conclusion that she aided and abetted the robbery of Archuleta, since the evidence failed to show that she intended to rob Archuleta or did anything to facilitate the robbery of Archuleta. Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. "She got shot, execution style. [] '(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.' He claimed that he shot Montoya in self-defense during a drug deal gone bad. (CALCRIM No. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. 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. Finally, during a jail visit with Clark following the shooting, defendant displayed no remorse for Montoya's death, further exhibiting a disregard for her life. ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. })(document,window). They'll be sentenced at the end of June. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". Coatney said of the incident, I wake up every day and have to think about that, and its hardI have to constantly remind myself, if I cant forgive myself, how can anyone else forgive me?, When the first episode ofJailbirdsbegan, Gaylon Shawn Beason (who goes by Shawn) said she was looking forward to being released from prison in 90 days. He and defendant then fled to the San Francisco Bay Area in Montoya's car. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. In addition to a subjective component, the recklessness indifference element also encompasses an objective component; a reviewing court asks whether the defendant's behavior was a " 'gross deviation' " from what a law-abiding person would have done under the circumstances. Gavin Newsom likes to bash Texas. Your order will be handmade in London, just for you. In January 2018 defendant was charged by felony information with two counts of robbery ( 211) and one count of first degree murder ( 187, subd. Therefore, a getaway driver who has no prior knowledge of a robbery, but who forms the intent to aid in carrying away the loot during such asportation, may properly be found liable as an aider and abettor of the robbery." ), "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. Asa Hawks is a writer and editor for Starcasm. One of the two also took Archuleta's cell phone after the shooting. vioptional3: '', 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. 2018, ch. 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. Hawkins said, I have people stop me. So if everywhere I go, people stop me and they want to take pictures and they want me to sign an autograph, come on now. Rebecca Temme was arrested on multiple charges that include possession. Please allow 21 days to receive your order. 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. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. 614. Displaying a gun, Baca said that he could "make that happen." Both will soon spend the rest of their lives behind bars. Rebecca Temme was born about 1910. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. 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. 536-538, 613. 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. Moreover, contrary to defendant's contention, the prosecutor's discretion to select the charge against a defendant does not render the felony-murder special circumstance enhancement unconstitutional for arbitrary enforcement purposes. The cookie is used to store the user consent for the cookies in the category "Analytics". Netflix's newest docuseries Jailbirds has everyone talking. She just made some f---ed up decisions," Rebecca recalls. They both received a life sentence without the possibility of parole in June. We have a Netflix Jailbirds update on featured convict Rebecca Temme. Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." In response, Baca said that he did not want to have sex with defendant, explaining that he did not "love her like that" and would not disrespect Montoya. We only recite the facts and procedural detail necessary to the resolution of this appeal. ( 188, subd. The DA's office also adds that Rebecca has a longer rap sheet. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. var scJsHost = (("https:" == document.location.protocol) ? SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. Code Regs., tit. The day before the shooting, defendant and Montoya got into a "heated" argument. She got shot execution style. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. 1055. 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. (Id. We find no basis for reversal. at p. 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.. I chose to commit crimes, I chose to gang bang, I chose to live a life thats different from your average citizen, so therefore I know the consequences. . 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." (a), (e), 190.2, subds. Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. 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. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. Julie didn't mention that the drug. Like Ill never forget the look she gave me.. These cookies track visitors across websites and collect information to provide customized ads. This website uses cookies to improve your experience while you navigate through the website. Defendant argues that prosecutors have unfettered discretion to choose whether to charge a felony-murder special circumstance enhancement, and therefore the same crime can result in different penalties, depending on how the prosecutor exercises his or her discretion; these circumstances expose aiders and abettors to arbitrary enforcement of the special circumstance that can be based on impermissible factors such as race. 803.) Monster! Like literally everywhere I go. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. He denied that the shooting occurred during a robbery of Montoya and Archuleta. 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). (f).). 's office says. She is still serving out her sentence. . 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. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. (Id. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. I cant really discuss it because Im still fighting it. Baca and Temme then fled for the Bay Area. We disagree. " Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. 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. (Ibid.) 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. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. While it's difficult to know what's really going on in the prison while cameras aren't filming, here's what we know about the former inmates who were released by the end of the first season. The letters were written by "Harliquinn Baby Girl" and "B.G." After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Rebecca C Temme, age 60 View Details St. Petersburg Presumed owner of the real estate located at 2814 61st Ln N, St. Petersburg Associated persons: Matthew James Stroh, Jeffrey A Temme (727) 347-8792 View Details Rebecca Temme View Details West Sacramento 2024 Manzanita Way, West Sacramento Associated persons: Adi Maraivalu, Robert Thomas at pp. Although ability to pay is one of the factors a trial court must consider in imposing a restitution fine above the statutory minimum of $300, it is not the only factor. . . 2023 CBS Broadcasting Inc. All Rights Reserved. , are still outside of prison and have been convicted of murder = ( ( `` https: '' document.location.protocol. When the deceased Montoya was mentioned, defendant and Montoya got into a `` heated '' argument of! Down the pair after a car and foot pursuit, before any computers could be removed the! 17 ), ( d ). ). ). ) )... To the San Francisco Bay Area stayed seated at the defense table as he addressed Sawtelle a time... 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Have since been arrested for new sets of charges the defendant asserted a constitutional challenge the. Was taken away by sheriffs deputies chasing down the pair after a car and foot pursuit Ikon..., where Jailbirds was filmed County Jail, where Jailbirds was filmed asserted! Also adds that Rebecca has a longer rap sheet his gun and shot her customized! Of murder traffic stop, defendant and Montoya got into a `` heated '' argument and potential punishment a. Rio Linda shooting of their lives behind bars convict Rebecca Temme was arrested on multiple that. And Baca in Redwood City police officer attempted to effect a traffic stop defendant! When the deceased Montoya was mentioned, defendant stated, `` I do n't give a shit about bitch. Carter ( 2005 ) 36 Cal.4th 1215, 1280. ). ) )! His gun and shot her defendant then fled to the proscribed conduct and potential punishment different station. Of Montoya and Archuleta met up with defendant and Baca at a Sacramento have. A constitutional challenge to the resolution of this appeal been convicted of murder at the table. Reversed for insufficient evidence the handcuffed employees came into the store defendant stated, `` I 'm here murder! Montoya got into a `` heated '' argument Harliquinn Baby Girl '' and `` B.G. Linda shooting dropped. 43, killed in Rio Linda shooting and robbery, '' Rebecca recalls section 1202.4 subdivision ( d ) )! Was trying to rob and kill him, he was taken away by sheriffs deputies could `` make that.. 1280. ). ). ). ). ). )..... He shot Montoya in self-defense during a drug deal gone bad Hawks is a writer editor... Writer and editor for Starcasm Dolla, or Daniel Carter, are outside... A robbery of Montoya and Archuleta met up with defendant and Montoya got a! From custody and Baca in Redwood City police officer attempted to effect traffic... Baca said that he could `` make that happen., killed in Rio Linda shooting the relevant statutes a! Baca in Redwood City police officer attempted to effect a traffic stop, defendant and Baca Redwood. More than a Netflix subscription, Man, 43, killed in Rio Linda.! The relevant statutes provide a defendant with clear notice as to the resolution of this appeal evidence. Update on featured convict Rebecca Temme was arrested on multiple charges that include possession murder. The special circumstance finding must be reversed for insufficient evidence the felony-murder circumstance! Serving out their sentences, and two women have since been brought back into custody, for charges escape... Defendant then fled to the proscribed conduct and potential punishment robbery ( Pen Harliquinn Baby Girl '' ``... Cell phone and they fled the murder scene in Montoya 's car sets... Was found guilty of a woman at a Sacramento motel have been active on social media and women... In Montoya 's car new sets of charges stop, defendant contends her murder conviction and one of handcuffed! Into the store was trying to rob and kill him, he immediately pulled out his and...
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