(People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. If you have an urgent deadline, . Rebecca Temme, Self: Jailbirds. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. (Super. Netflix's newest docuseries Jailbirds has everyone talking. She said, No matter what you do in life, theres a good or bad consequence. 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.' 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. (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). At that time, Archuleta was in custody for a felony she committed in 2018. The trial court sentenced her to life without the possibility of parole (LWOP) for the murder conviction, plus consecutive six-year terms for the robbery convictions, one of which was stayed under section 654. The incident happened back in March 2017. (Clark, at p. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. Ct. No. [Citation.]' 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. 'All persons concerned in the commission of a crime, . are principals in any crime so committed.' As modified, the judgment is affirmed. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). 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]." Distractify is a registered trademark. Language: 'en-us', (f).). })(document,window). Knock at the Cabin. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. Ervin shot her in the head and fled to the defendant's car. ), 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." On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. 1015, 4), when the defendant or an accomplice killed someone during the perpetration of or attempt to perpetrate certain enumerated felonies, including robbery, the defendant was liable for first degree murder under the felony-murder rule. Duarte, J. (a)(17)(A)). 2.) Code Regs., tit. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. Dueas provides nothing to the contrary. 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." 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. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. (a), (e), 190.2, subds. Mostly, because shed get a kick out of that.. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. 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 . Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. 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.. No single factor is necessary, but neither is any one of them necessarily sufficient. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) However, the court declined to decide whether the defendant qualified as a major participant, concluding instead "the evidence was insufficient to support that he exhibited reckless indifference to human life." 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. 357.). This story was originally published June 28, 2019, 5:16 PM. . 612, 623.) The letters were written by "Harliquinn Baby Girl" and "B.G." In 1940, she was 30 years old and lived in Houston, Texas. And I know how to drive. That was her downfall," she continued. Further, defendant could have rendered or summoned aid for Montoya after the shooting. I regret it. /s/_________Hoch, J. This timely appeal followed. Facebook gives people the power to. ), 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. She was a very outspoken person. As we have outlined above, defense counsel said at the sentencing hearing that he had received the probation report recommending the $10,000 fine and was comfortable going forward on the issue. Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove, Netflix Takes Viewers Inside Sacramento County Jail, Public File for KMAX-TV / Good Day Sacramento. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. }, 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 . It does not store any personal data. 801.) (People v. Dueas, supra, 30 Cal.App.5th at p. 17FE005228). '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. 15, 3097, subd. "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 referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. Powered by. ' "Because the nontarget offense [was] unintended, the mens rea of the aider and abettor with respect to that offense [was] irrelevant and culpability [was] imposed simply because a reasonable person could have foreseen the commission of the nontarget crime." We are currently working on another Netflix Jailbirds update, so stay tuned! Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. 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 . [Citations.] Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. Prior to the statutory amendments enacted by Senate Bill No. By clicking Accept, you consent to the use of ALL the cookies. 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. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. These different charging options subject a defendant to different penalty options (cf. 2023 CBS Broadcasting Inc. All Rights Reserved. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. (Id. Critics. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. 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." Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." We disagree. " The ultimate question "is 'whether the defendant's participation "in criminal activities known to carry a grave risk of death" [citation] was sufficiently significant to be considered "major" [Citation].' Baca was also convicted of being a felon in possession of a firearm. 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. She is still serving out her sentence. 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. One inmate in particular Rebecca "Baby Girl" Temme, 36 is on everyone's lips lately because of the violent crime she committed, for which she was just recently found guilty. 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. 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. 15, 3097, subd. Asa Hawks is a writer and editor for Starcasm. Is California a better place to live? The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. Three cell phones were found in the back of Montoya's car. But here there appears to be nothing in the plan that one can point to that elevated the risk to human life beyond those risks inherent in any armed robbery. Prosecutors say James Martin Baca. " '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.' Montoya, who was the last person to enter Baca's motel room, entered the room at 9:08 p.m. Less than a minute after defendant closed the door, defendant and Baca left the room and fled the area in Montoya's car. 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. (Ibid.) I cant really discuss it because Im still fighting it. The defendants were later located in Redwood City. " 'Evidence of a defendant's state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction.' config = { 15, 3041.2, subd. 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 affirmed codefendant Temme's conviction on September 24, 2020. "statcounter.com/counter/counter.js'>"); We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. (a)(17), (c) & (d); see also CALCRIM No. (Ibid. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. . Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. ), Our Supreme Court identified the following list of nonexclusive factors to consider when analyzing whether a defendant acted as a major participant: (1) " 'What role did the defendant have in planning the criminal enterprise that led to one or more deaths?' He and defendant then fled to the San Francisco Bay Area in Montoya's car. 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. Bacas criminal history 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. Thereafter, defendant said that she wanted to kill Montoya. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. [Citation.] Haslams sentence was six months in total. IAB_Category: 'IAB1', . A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' (a)(17), (d).) The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." (People v. DeFrance (2008) 167 Cal.App.4th 486, 505 (DeFrance) [no abuse of discretion in imposing maximum restitution fine where the trial court considered not only inability to pay but also the seriousness of the crime and no inability to ever pay the fine was shown]; People v. Lewis (2009) 46 Cal.4th 1255, 1259, 1321 [no abuse of discretion in imposing maximum restitution given defendant's crime (special circumstances rape-murder) and evidence he would have funds in the future to pay the fine]. 15, 3041.2, subd. That was her downfall. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. Rebecca Temme - Rotten Tomatoes. Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. (CALCRIM No. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. Code. ), 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." ), Here, the record makes clear that, in deciding to impose the maximum restitution fine, the trial court complied with section 1202.4 by considering defendant's inability to pay and the seriousness and gravity of her offenses. Its a just and proper sentence. " (Id. And Ill never forget her face. at p. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. Finally, there was evidence that defendant attempted to evade police officers the following day while driving with Baca and then on foot, and that defendant told Clark during a jail visit that Archuleta was only alive because she had told Baca not to harm her. The case status is Pending - Other Pending. document.write("
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