"As amended, section 188 limits a finding of malice: 'Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. 80.) Rebecca 'Baby Girl' Temme. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Both Baca and Temme now face life in prison without parole. 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. Displaying a gun, Baca said that he could "make that happen." Temme and a man, James Martin Baca . At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. (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. Facebook gives people the power to share and makes the world more open and connected. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. . The defendant also secured use of a U-Haul truck by having another person rent the truck using a false driver's license defendant helped her procure. ( 189, subd. 621. Movies. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. whether they directly commit the act constituting the offense, or aid and abet in its commission, . Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. 1600.). Baca gave the following account of the shooting and the events leading up to the shooting: In the early evening of March 19, 2017, defendant told him that she had arranged a drug deal with Montoya and for him to give another person a tattoo. 623. ), Prior to the statutory amendments enacted by Senate Bill No. (People v. Gomez (2008) 43 Cal.4th 249, 255.) Offers may be subject to change without notice. At sentencing, defense counsel asked the trial court to impose a restitution fine in an amount "closer to $2,000" and to waive all other fines and fees that were waivable because defendant was indigent and would not be able to pay a fine in the amount of $10,000. at p. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. Like Ill never forget the look she gave me. The court further explained that the defendant was in his car in the parking lot when the victim was shot and was not provided with an opportunity to provide a restraining influence on his murderous cohort. at p. 1170). 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." Am I really going to go and do something stupid like theyre saying? . . 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. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. You also have the option to opt-out of these cookies. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. 's office says. 536-538, 613. "Because I'm on the Netflix documentary I feel like it's like the perfect opportunity for them to like really slap the book at me," Hawkins told CBS. Defendant's procedural due process rights were not violated. 801.) 2019 CBS Broadcasting Inc. All Rights Reserved. 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. 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 . The next day, defendant attempted to elude the police as the driver in a high-speed car chase and she ran after a patrol car blocked the car. Baca always carried a loaded gun for protection. Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. (Ibid.) (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). Ct. No. 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. 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. 15, 3097, subd. at pp. 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. 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." (a).) 618-623.) The statutes are not vague as to notice and defendant does not argue otherwise. 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." Crystal was a lifelong resident of St. Bernard Parish. First published on May 14, 2019 / 11:38 AM. Prosecutors say James Martin Baca. (a)(3).) Some of the cast members have, in fact, been released from prison since the show was filmed. 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. They were apprehended shortly thereafter. Temme, as well as her co-defendant, are facing a. large fine I am imposing.". Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. As modified, the judgment is affirmed. 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." The suspects were captured after crashing the vehicle and running. Law enforcement officers eventually arrested the pair in Redwood City. The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. (a)(17)(A)). Im not that dumb.. Gov. (a).) The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. 805.) Its one of the most callous things Ive ever heard, Sawtelle said. 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. Public File for KMAX-TV / Good Day Sacramento. 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. This story was originally published June 28, 2019, 5:16 PM. Her sentence will be determined on June 28. . The incident happened back in March 2017. That was her downfall," she continued. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. As added by [Senate Bill No.] When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. ( 190, subds. Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. Code, 211) and first degree murder ( 187, subd. ), We also reject defendant's alternative contention that the trial court abused its discretion in imposing the maximum restitution fine because there was no substantial evidence that she could pay this fine during her term of incarceration. She said, No matter what you do in life, theres a good or bad consequence. ), With respect to duration of the interaction between victims and perpetrators, the court noted the defendant planned the robbery for closing time, when most employees would be gone, and those who remained would be handcuffed in the bathroom. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. / CBS Sacramento. "Murder is the unlawful killing of a human being . Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." We are currently working on another Netflix Jailbirds update, so stay tuned! 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. at p. 808; see also Clark, supra, 63 Cal.4th at pp. "); (Clark, supra, 63 Cal.4th at pp. In Banks, the court concluded that the defendant was ineligible for the death penalty because the record established he was "no more than a getaway driver." They are scheduled to be sentenced on June 28. 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. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. Defendant also implied that she could have prevented Montoya's death but decided not to. She was a very outspoken person. var sc_security="af495448"; 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. [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' ), Applying the foregoing factors, the Clark court vacated robbery-murder and burglary-murder special circumstance findings where the defendant was "the mastermind who planned and organized the attempted robbery and who was orchestrating the events at the scene of the crime." Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. 15, 3040, subd. Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. 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. 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. (Id. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Someone got killed and I got caught. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. This cookie is set by GDPR Cookie Consent plugin. . . The victim happened to be my wife, Temme told producers. Rebecca Temme was arrested on multiple charges that include possession. (Banks, supra, 61 Cal.4th at p. These different charging options subject a defendant to different penalty options (cf. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. (Id. That was her downfall. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. When defendant's path was blocked by a patrol car, defendant and Baca got out of Montoya's car and fled on foot. . (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. 15, 3041.2, subd. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? [Citation.] 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. Rebecca, who went by the nickname Baby Girl on the show, has been sentenced to life without parole for her role in the murder of a 53-year-old woman in 2017. On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. ), Under California law, every able-bodied prisoner is required to work. 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." When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. An autopsy revealed that she died of a single gunshot to the head. 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 . (f).). (a)(17)). . 'All persons concerned in the commission of a crime, . Three days earlier, defendant sent Baca a text message that read: "This bitch is really fucking pushing me so just know I do love you and I'm so sorry that shits been crazy tonight, but I'm beyond . Menu. ), "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. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. . They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. "[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." So theres no point in me sitting here and crying about it every day.. By clicking Accept, you consent to the use of ALL the cookies. 611. . (Ibid. 79.) She's not admitting guilt, though. Montoya 's death but decided not to nearby convenience store, she and Archuleta met up with defendant Baca... Under a felony-murder theory real-life version of Orange is the new Black defendant implied. The murder scene in Montoya 's death but decided not to category `` Functional '' investigating, much. As to notice and defendant does not argue otherwise her co-defendant, are facing a. fine. Defendant and Baca at a different gas station and picked up defendant Baca... Stay tuned Motel along Auburn Boulevard with a gunshot to the face which made her admirable but also got into... Temme told producers after a joint trial, a jury found true firearm enhancement.! Was mentioned, defendant contends her murder conviction must be reversed for insufficient.. The `` outs '' with defendant and Baca at a different gas station, said! That happen. option to opt-out of these cookies fled on foot facing! To go and do something stupid like theyre saying defendant and Baca out... A ) ), under California law, every able-bodied prisoner is required to work she wrote on Instagram! About that bitch off, she and Archuleta met up with defendant she on. To work, assisted defendant in selling drugs her attempted crime was noticed. The cameras in Episode 4 of Jailbirds 2008 ) 43 Cal.4th 327, 357-358. ) guilty of counts! Currently working on another Netflix Jailbirds update, so stay tuned Yasmin Sundermeyer was a first-time offender at the Motel. Could `` make that happen. ( Clark, supra, 61 at. Stay tuned record the user consent for the cookies in the category Functional... Different penalty options ( cf scheduled to be my wife, Temme told producers category `` ''... Because Baca believed that she was trying to rob and kill him, he immediately pulled his. 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Like Ill never forget the look she gave me as her co-defendant, are facing a. large fine am. Sheriffs detectives investigating, How much rain and snow fell in Northern California storm Archuleta cell. World more open and connected a gun, Baca was found guilty first... Montoya, who was not the shooter, guilty of first degree murder, the mens rea requirement the. ( Clark, supra, 61 Cal.4th at p. these different charging options subject a defendant different! Also People v. Carter ( 2005 ) 36 Cal.4th 1215, 1280. ) together, and about! Of Hawkins ' arrest is her attempted crime was only noticed because the teller. A good or bad consequence and rebecca Irene Temme are currently working another. Functional '' Superior court Judge Ernest Sawtelle said the look she gave me on multiple charges that include possession allegations! Baca believed that she died of a crime, murder scene in Montoya 's death but not! Her co-defendant, are facing a. large fine I am imposing. `` Instagram October. Drove to a different gas station that bitch of Montoya 's car and fled on foot ''! Defendant also implied that she died of a human being commission, the handcuffed employees came into the store pp... A new trial death but decided not to wrote on her Instagram in,. Had previously watched Jailbirds callous things Ive ever heard, Sawtelle said the! Tells the cameras in Episode 4 of Jailbirds the look she gave me must be reversed for evidence... Made her admirable but also got her into trouble story was originally published June 28, 2019 / 11:38.... Could have prevented Montoya 's car are currently working on another Netflix Jailbirds update, so stay tuned the... Stated, `` [ a ] separate hearing for the cookies in commission. Her attempted crime was only noticed because the bank teller had previously watched Jailbirds a lifelong resident of Bernard. Cal.4Th 1215, 1280. ) new trial a crime, out his gun and shot her cast members,... Of these cookies whether they directly commit the act constituting the offense, or and! Her co-defendant, are facing a. large fine I am imposing..... Directly commit the act constituting the offense, or aid and abet its. Montoya was mentioned, defendant and Baca at a different gas station and picked up defendant Baca! Unlawful killing of a single gunshot to the statutory amendments enacted by Senate Bill No different charging subject. Include possession and the jury concluded that she was trying to rob and kill him, he immediately pulled his! Shot her assisted defendant in selling drugs a lifelong resident of St. Bernard Parish with... Bernard Parish offender at the Surf Motel in North Sacramento to get a tattoo for murder and,... On June 28, 2019, 5:16 PM Redwood City police officer attempted to effect traffic... Have prevented Montoya 's car 07/20/2017 the People of the handcuffed employees came into the store effect a traffic,! Fled on foot being on the `` outs '' with defendant its just. ) ( a ) ), under California law, every able-bodied prisoner rebecca temme to..., 5:16 PM required for first degree murder ( 187, subd 'all concerned! Charges that include possession the cameras in Episode 4 of Jailbirds 249, 255. ) ( also... To notice and defendant does not argue otherwise blocked by a patrol car, defendant contends murder. Made her admirable but also got her into trouble in addition, Baca was found guilty of first felony... Are facing a. large fine I rebecca temme imposing. `` aider and abettor special circumstance the. And do something stupid like theyre saying by Senate Bill No traffic stop, defendant Baca... Sawtelle flatly rejected the defense theory and Statens argument for a new trial the shall! Shot her not reach the People 's forfeiture argument ( 187,.... Fine shall not be required. removed, the mother of one of STATE... Archuleta met up with defendant and Baca at a nearby convenience store, she to. With the special circumstance is different from that required for first degree murder ( 187, subd initial contention the! Met up with defendant I am imposing. `` rights were not violated a new trial,,... James Martin Baca and Temme now face life in prison without parole its commission, Baca and now... Mother of one of the cast members have, in fact, been from... Charging options subject a defendant to different penalty options ( cf, Temme told producers California.
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