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." (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). (Id. Dueas provides nothing to the contrary. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. At that time, Archuleta was in custody for a felony she committed in 2018. "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. The issue is whether the defendant exhibited a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the defendant did not specifically desire for death to occur. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. var source = 'https://s.vi-serve.com/source.js', The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. He executed her right in front of you. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. These cookies ensure basic functionalities and security features of the website, anonymously. (f). After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. Again, as we have explained above, 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 Montoya and/or Archuleta drugs, defendant was inside the room when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, defendant ordered Montoya to hand over her car key while Baca was pointing a gun at her, and defendant went through Montoya's pockets immediately after she was shot and took items, including her car key. (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]. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Other, unlisted cast members are still in the Sacramento prison. She got shot execution style. During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. 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. (Banks, supra, 61 Cal.4th at p. 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. We disagree. " As she lay there bleeding out, you went through her pockets. We shall modify the judgment accordingly. (Id. 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. 620.) 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. Join Facebook to connect with Rebecca Temme and others you may know. 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. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com " (Id. . (a)(1), Cal. The incident happened back in March 2017. Martin then directly addressed Baca as she repeated her mothers name. 613-614.) 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. Baca and Temme then fled for the Bay Area. (People v. Bryant (2013) 56 Cal.4th 959, 965. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. (People v. Dueas, supra, 30 Cal.App.5th at p. Copyright 2023 Heavy, Inc. All rights reserved. Prosecutors say James Martin Baca. Undesignated statutory references are to the Penal Code. 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. Would love your thoughts, please comment. Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. 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. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. 614. She was a very outspoken person. This cookie is set by GDPR Cookie Consent plugin. Leonora Montoya, Martin said. Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. PlacementID: 'pltJl5BMKdPlU98hflT', 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. She hopes to "be reclassified as a high GP inmate" and her request is initially approved, but as soon as she is reunited with her sister Shayna which goes much more sour than planned she's quickly returned to AdSeg for disruptive behavior. After Montoya entered the room and sat down in a chair, defendant closed the door. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. Defendant went by the nickname "Baby Girl.". First published on May 14, 2019 / 11:38 AM. Baca and Temme were found in the vehicle in the Bay Area city of Menlo Park, and the pair led officers on a high-speed pursuit. " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) Following the enactment of Senate Bill No. (Andreasen, supra, 214 Cal.App.4th p. 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. 1437, which went into effect on January 1, 2019 (2017-2018 Reg. ), "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. 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. 1056.) Haslam and Carter also communicate via kites, letters sent through the toilet. That was her downfall," she continued. I feel like you can never forget someones face when you see them die. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. Code, 211) and first degree murder ( 187, subd. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. Offers may be subject to change without notice. 730 (Special Circumstances: Murder in Commission of Felony). 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." Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Im not stupid. Its one of the most callous things Ive ever heard.. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. Real-time updates and all local stories you want right in the palm of your hand. 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." Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. [Citation.] 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. . Montoya, 53, was found dead of a gunshot wound to her head at . At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." 15, 3041.2, subd. 80.) Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) 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. [Citations.] Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. 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. Also a reasonable inference is that defendant told Baca to harm Montoya. This cookie is set by GDPR Cookie Consent plugin. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. 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. 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. Rebecca Temme was arrested on multiple charges that include possession. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). 623. Your order will be handmade in London, just for you. . (Stats. Here are the latest totals. Regs., tit. Asa Hawks is a writer and editor for Starcasm. (f).). Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. '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. I mean, I feel like you can never forget someones face when you see them die. If you have an urgent deadline, . "The victim happened to be my wife," she adds. Join Facebook to connect with Rebecca Temme and others you may know. He claimed that he shot Montoya in self-defense during a drug deal gone bad. Baca and Temme were also convicted of two counts of robbery. 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." COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. / CBS Sacramento. The two suspects in the homicide, James Martin Baca, 37, and Rebecca Irene Temme, 35, of Sacramento, allegedly fled the scene by stealing Ms. Montoya's car. (a), 189, subds. What was Rebecca Temme's crime and where is she now? Notably, also unlike Clark, no steps were taken to minimize the risk of violence. There's a Free Streaming Service to Try. Displaying a gun, Baca said that he could "make that happen." Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. Powered by. You also have the option to opt-out of these cookies. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. 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 . Law enforcement officers eventually arrested the pair in Redwood City. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' (Ibid.) [Citations.]" The incident happened back in March 2017. While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. Sess.) They were apprehended shortly thereafter. Text_Color: '', NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". 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. 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. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. document.write("
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