[] '(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. 1164.) Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. 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." 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. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. [Citations.]" . ( 189, subd. 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. Following the enactment of Senate Bill No. (CALCRIM No. Two people were detained near the scene, deputies said. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). 'All persons concerned in the commission of a crime, . (People v. Bryant (2013) 56 Cal.4th 959, 965. As we have already explained, there was evidence supporting the conclusion that defendant was in on a plan to rob Montoya and Archuleta and lured them to Baca's motel room for that purpose under the pretense that Baca would supply a tattoo and drugs. Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. In June 2019 the trial court sentenced her to LWOP on the murder conviction, plus consecutive six-year terms on the robbery convictions, one of which was stayed under section 654. Per the Sacramento County District Attorney's Office, both she and her co-defendent ("co-d" in Jailbirds jargon) were found guilty of one count of murder and two counts of robbery. [Citation.]" --------. According to Archuleta, defendant did not seem surprised by Baca's actions. 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. 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 court then noted it previously upheld a major participant finding where "the defendant, although not present at the murder, was 'the founder, ringleader, and mastermind behind' a criminal gang engaged in carjacking," and gave "his subordinate gang members . We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." Hawkins said, I have people stop me. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. at p. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. "); She was reprimanded for brawling on 'Jailbirds.' How former inmate feels about Netflix show 21,772 views Jun 26, 2019 216 Dislike Share Sacramento Bee 73K subscribers Katrina Haslam speaks about. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. A review of security camera footage revealed that defendant, Baca, Montoya, and Archuleta arrived at the Surf Motel in Montoya's car at 9:07 p.m. on the evening of the shooting. 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. There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. We disagree. " 190, subd. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. ", At the time, that's all Rebecca wanted to say about her case. ' [Citation.]" Regs., tit. At that time, Archuleta was in custody for a felony she committed in 2018. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. 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. In 1940, she was 30 years old and lived in Houston, Texas. Duarte, J. 80.) (Ibid. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) Rebecca Temme was born about 1910. [Citation.] Ant-Man and The Wasp: Quantumania. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. "Temme's 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," according to the report. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. at pp. " (Id. You also have the option to opt-out of these cookies. How close will snow get to Sacramento this time? Martin then directly addressed Baca as she repeated her mothers name. notice: mugshots.com is a news organization. "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. . 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. at pp. I cant really discuss it because Im still fighting it. Get browser notifications for breaking news, live events, and exclusive reporting. By clicking Accept, you consent to the use of ALL the cookies. On March 6, 2017, Montoya sent Baca a message on Facebook indicating that she thought it was great that he and defendant were friends but noted that defendant was her "wife." According to Archuleta, Montoya did not do anything to provoke the shooting. 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. Offers may be subject to change without notice. " '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.' As she lay there bleeding out, you went through her pockets. We affirmed codefendant Temme's conviction on September 24, 2020. 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. 620. During their investigation, authorities found that Temme and Baca had. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. "; and (5) " 'What did the defendant do after lethal force was used?' What was Rebecca Temme's crime and where is she now? The case status is Pending - Other Pending. Gavin Newsom likes to bash Texas. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. Dueas did not consider or interpret the statutory provision at issue here--section 1202.4, subdivision (d)--which expressly lays out various factors, including ability to pay, to be considered in setting the amount of the fine. May 14, 2019 / 11:38 AM There's a Free Streaming Service to Try. 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. Law enforcement officers eventually arrested the pair in Redwood City. As for his apprehension the next day, Baca explained that a high-speed car chase ensued after he instructed defendant to "get up outta here" when police officers started to follow them. Femme Fatale: Directed by Brian De Palma. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. (Clark, at p. The incident happened back in March 2017. var sc_security="af495448"; Source: Netflix Article continues below advertisement Rebecca Temme's Crime . . Montoya then entered the room and defendant closed the door. (a), (e); Cal. She will be forever cherished and. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. ), "Senate Bill 1437 was enacted to 'amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.' She just made some f---ed up decisions," Rebecca recalls. As added by [Senate Bill No.] She is still serving out her sentence. We concur: /s/_________Robie, Acting P. J. Like Ill never forget the look she gave me. Prosecutors say James Martin Baca. The defendant must be aware of and willingly involved in the violent manner in which the particular offense is committed, demonstrating reckless indifference to the significant risk of death his or her actions create." (Clark, at p. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. 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. . From the bench on Friday, Sawtelle filled in the grim details Teeme left out while meting out the life sentence as Montoyas family looked on from the gallery. ), 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. Defendant's procedural due process rights were not violated. (Id. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. "https://secure." 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. I hope she haunts you. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. [Citation.] Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. vioptional2: '', large fine I am imposing.". The letters were written by "Harliquinn Baby Girl" and "B.G." But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." Leonora. ' [Citations.] "[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." Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. 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. Defendant has not shown an absolute inability to ever pay the fine or that imposition of the fine was improper based on the relevant statutory factors, including the seriousness of her offenses. While on the show, Noonie said, Some people call me sweet, some people call me mean. The Last of Us. 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 Theyre like, Oh my God! "And that's like what I'm nervous about.". Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. I cant really discuss it because Im still fighting it. 22. vioptional3: '', The incident happened back in March 2017. Cal. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. This cookie is set by GDPR Cookie Consent plugin. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). Code Regs., tit. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. Baca always carried a loaded gun for protection. Monster! Like literally everywhere I go. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. [Citation.] 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 . She participated in the execution of a friend an intimate friend that she had an intimate relationship with, Sacramento Superior Court Judge Ernest Sawtelle said from the bench. Facebook gives people the power to share and makes the world more open and connected. 801.) 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 judgment is modified to impose a $120 court operations assessment under section 1465.8, and a $90 court facilities assessment under Government Code section 70373. From The Sacramento Bee: Montoyas daughter, Julia Martin, reading from notes, remembered a woman who was a mother and a friend, a loving person who had the largest heart; a woman who was fascinated with ghosts and the paranormal, and who may not have been perfect, but loved her family fiercely.. As she lay there bleeding out, you went through her pockets. Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts." Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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]." This cookie is set by GDPR Cookie Consent plugin. And Ill never forget her face. After the teller recognized Hawkins she left the bank, and was found in a stollen car. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. We have a Netflix Jailbirds update on featured convict Rebecca Temme. Temme, as well as her co-defendant, are facing a. document.write("
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