"Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." at pp. ( 190.2, subd. We shall modify the judgment accordingly. Facebook gives people the power to share and makes the world more open and connected. Also a reasonable inference is that defendant told Baca to harm Montoya. " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) 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. Your order will be handmade in London, just for you. Fuck her." (a)(17)(A)). Because we conclude that the record contains sufficient evidence from which a reasonable jury could have found defendant guilty on this theory of felony-murder liability, we need not and do not address defendant's sufficiency of the evidence contention regarding the alternative theory of liability, aiding and abetting. A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. (a), (e), 190.2, subds. 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. 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. 618-619.) (Id. (a) [conviction for first degree felony-murder may result in the death penalty, LWOP, or a prison term of 25 years to life]; 190.2, subd. DivID: '', (Gonzalez, at p. Mostly, because shed get a kick out of that.. SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. (Id. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. First published on June 28, 2019 / 4:36 PM. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' 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. But I cant apologize for surviving. People may receive compensation for some links to products and services on this website. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. She got shot execution style. ), 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). " 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. Montoya, 53, was found dead of a gunshot wound to her head at . (a).) (People v. Rundle (2008) 43 Cal.4th 76, 141 [" '[W]e need not consider [a sufficiency of the evidence] claim . PlacementID: 'pltJl5BMKdPlU98hflT', (a)(3).) at p. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). 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. The defendants were later located in Redwood City. (Id. Copyright 2023 Heavy, Inc. All rights reserved. [] The Court will waive all other fines and fees in this matter in light of this . 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." The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) 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.'s office says. 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. at p. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. As soon as the door was shut, Baca pulled out a gun, pointed it in the direction of Montoya and Archuleta, and ordered them to place their cell phones on the table. (Andreasen, supra, 214 Cal.App.4th at pp. "All murder that is perpetrated by . We have a Netflix Jailbirds update on featured convict Rebecca Temme. She has a scheduled court date of May 31. 614-615), our Supreme Court has considered the following list of nonexclusive factors in determining whether a defendant acted with reckless indifference to human life: (1) a defendant's knowledge of weapons, and use and number of weapons; (2) a defendant's physical presence at the crime and opportunities to restrain the crime and/or aid the victim; (3) the duration of the felony; (4) a defendant's knowledge of the cohort's likelihood of killing; and (5) a defendant's efforts to minimize the risks of the violence during the felony. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. The asportation, the final element of the offense of robbery, continues so long as the stolen property is being carried away to a place of temporary safety. (a), (e).) "Prior to that, me and her had a really big falling out. According to TMZ, Hawkins was arrested in Elk Grove County, California on May 17, after she was caught allegely trying to open a bank account using an ID with someone elses name on it. "The victim happened to be my wife," she adds. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. After the teller recognized Hawkins she left the bank, and was found in a stollen car. [Citation.]' 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. 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. I mean, I feel like you can never forget someone's face when you see them die. 730 (Special Circumstances: Murder in Commission of Felony). During season one, Temme received approval to be released into the general prison population. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. "Murder is the unlawful killing of a human being . 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. Powered by. . 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]." Temme's criminal history includes convictions for the battery of a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. When he and defendant met Montoya at a gas station, he became upset and walked away because he thought he was being set up, as he believed the two people with Montoya (i.e., Archuleta and Ikon) were men. (a)(17)(A)). Someone got killed and I got caught. Are They Still in Jail? (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. AdUnitType: '2', . This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. . With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. These cookies ensure basic functionalities and security features of the website, anonymously. Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." That was her downfall," she continued. Femme Fatale: Directed by Brian De Palma. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. 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. Defendant went by the nickname "Baby Girl.". Law enforcement officers eventually arrested the pair in Redwood City. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. According to Archuleta, Montoya did not do anything to provoke the shooting. I hope she haunts you. vioptional1: '', The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. Analytical cookies are used to understand how visitors interact with the website. In the other incident, he was shot in the ankle. (Ibid. Rebecca Temme, Self: Jailbirds. She was there because of an in-house infraction involving. 621. Defendant's procedural due process rights were not violated. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. (Clark, supra, 63 Cal.4th at p. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). Foremost, I will not apologize for surviving. The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? 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); of the shooting victim," the court found this level of culpability less than in circumstances where a defendant would not have known that help was on the way in the form of police intervention. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. . 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." Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. Code, 70373) for each of defendant's three convictions. 620. The Clark court explained that, in contrast to first degree felony-murder, "the actus reus for the felony-murder aider and abettor special circumstance requires more than simply being an aider and abettor of the underlying felony under section 31. 618-623.) 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. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. 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. at p. 808; see also Clark, supra, 63 Cal.4th at pp. (Banks, supra, 61 Cal.4th at p. 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. (a)(17)). This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. They were apprehended shortly thereafter. Jailbirds Cast Today: Where Are They Now? 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.. Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." (Ibid.) The prosecutor may be influenced by the penalties available upon conviction, but this fact, standing alone, does not give rise to a violation of the Equal Protection or Due Process Clause. How close will snow get to Sacramento this time? " (Nguyen, at p. (Id. 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 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. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) (Clark, supra, 63 Cal.4th at pp. Dueas requires no more. Still, Rebecca says, "I love my mother f---ing life.". notice: mugshots.com is a news organization. })(document,window). Rebecca 'Baby Girl' Temme. The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. 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). 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. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. Leonora Montoya, Martin said. Is California a better place to live? They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. 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. After awaiting her trial for over two years, Rebecca finally got her day in court last week. (a)(17), (c) & (d); see also CALCRIM No. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. (a).) Defendant approached Montoya's car and said that Baca would not give Archuleta a tattoo because Montoya and Archuleta "weren't supposed to bring anybody with [them]." Displaying a gun, Baca said that he could "make that happen." 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].). In 1940, she was 30 years old and lived in Houston, Texas. Monster! Like literally everywhere I go. Baca with defense attorney Keith Staten maintained the deadly shooting was in self-defense, that Baca and Teeme were being set up to be robbed at the motel. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. ( 2700; Cal. 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. ), 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. at p. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors, since aider and abettor liability for felony-murder special circumstance is now identical to aider and abettor liability for the felony-murder offense. (Id. 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. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. We do not reweigh evidence or reevaluate a witness's credibility.' (function (v,i){ (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). Baca's rap sheet includes convictions for assault with a deadly weapon; possessing dangerous weapons; destroying or concealing evidence for the benefit of a street gang; battery against a peace officer; possession of dirk or dagger; threatening a public officer; and domestic violence. The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. ), As for the mens rea requirement of reckless indifference to human life, our Supreme Court has explained that a defendant must be " ' "subjectively aware that his or her participation in the felony involved a grave risk of death." Rebecca Temme Last Updated: January 27th, 2023 Jail Location California 41yo Information Control Personal Details Recent Arrests Booking location: California Arrest facts in California Tempel, Daniel Tempel, Brian Like Ill never forget the look she gave me.. This timely appeal followed. Challenges to statutes on grounds of vagueness that do not threaten First Amendment interests are examined in light of the facts of the case at hand, and "the statute is judged on an as-applied basis." [] '(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. The jury found that Baca personally used a firearm in the course of the murder and robberies. 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. (Clark, supra, 63 Cal.4th at pp. Leonora Montoya, Martin said. (Id. The record strongly supports the inference that defendant knew a gun would be used in the robbery, and there was evidence defendant knew that Baca was likely to kill during the robbery. 1600.). 1055. Then I left. While on the show, Noonie said, Some people call me sweet, some people call me mean. "; (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?' Like, I'll never forget the look she gave me.". Thereafter, defendant said that she wanted to kill Montoya. Like Ill never forget the look she gave me. (Stats. Get browser notifications for breaking news, live events, and exclusive reporting. ( 187, subd. First published on May 14, 2019 / 11:38 AM. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. Relying on People v. Dueas (2019) 30 Cal.App.5th 1157, defendant contends that her due process rights were violated when the trial court imposed the statutory maximum restitution fine of $10,000 without holding a hearing requiring the prosecution to prove her ability to pay this fine. (Id. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. (a)(17), (c) & (d); see also CALCRIM No. She goes into more detail about the night of the crime and her relationship with Leonora Montoya, who was found dead of a gunshot wound to the head on the morning of March 19, 2017. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. at p. Haslam and Carter also communicate via kites, letters sent through the toilet. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. In any event, as we have described, defendant counsel clearly expressed his opinion that his client was indigent and asked for a lower restitution fine and a waiver of all other fines and fees. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. Please allow 21 days to receive your order. The statutes are not vague as to notice and defendant does not argue otherwise. 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. Baca and Temme then fled for the Bay Area. When defendant's path was blocked by a patrol car, defendant and Baca got out of Montoya's car and fled on foot. Deputies later found Montoya with a fatal gunshot wound to the head. Code. 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. (See People v. Blankenship (1989) 213 Cal.App.3d 992, 997 ["A defendant's due process rights are protected when the probation report gives notice of the amount of restitution expected to be ordered . Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. The cookie is used to store the user consent for the cookies in the category "Performance". The incident happened back in March 2017. This website uses cookies to improve your experience while you navigate through the website. This story was originally published June 28, 2019, 5:16 PM. 619.) [Citation.]" He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. document.write("
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