Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. While it's difficult to know what's really going on in the prison while cameras aren't filming, here's what we know about the former inmates who were released by the end of the first season. (f). 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. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. ), 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?' As KOVR reports, Rebecca "Baby Girl" Temme was recently found guilty of a first-degree murder charge stemming from a shooting at a Sacramento-area motel in 2017. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. 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. (a)(17), (c) & (d); see also CALCRIM No. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) Baca was also convicted of being a felon in possession of a firearm. Both will soon spend the rest of their lives behind bars. I regret it. : "http://www. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. As Netflix notes, she was booked for a number of charges including car-jacking, assault with a deadly weapon, evading an officer, drugs, and alcohol. 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 defendant argued that, because the prosecution had unfettered discretion to select the charge, he had no way of anticipating whether he would face a sentence without, as opposed to with, the possibility of parole. (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) at p. As added by [Senate Bill No.] at p. " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. Fifty percent of a prisoner's wages and any trust account deposits are deducted to pay any outstanding restitution fine, plus an administrative fee to cover the cost of this deduction, not to exceed 10 percent of the amount collected. (Clark, supra, 63 Cal.4th at pp. The incident happened back in March 2017. Baca remained unrepentant to the end. ( 190.2, subd. Im a soldier, straight up., 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.. "Murder is the unlawful killing of a human being . 80.) That was her downfall," she continued. The cookie is used to store the user consent for the cookies in the category "Performance". Menu. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. / CBS Sacramento. 2019 CBS Broadcasting Inc. All Rights Reserved. 620-621.) " (Clark, supra, 63 Cal.4th at p. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". (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 . (People v. Nakahara (2003) 30 Cal.4th 705, 712.). ), "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. Movies Tv shows Movie Trivia News Showtimes. ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. Get browser notifications for breaking news, live events, and exclusive reporting. Powered by. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) Someone got killed and I got caught. Analytical cookies are used to understand how visitors interact with the website. 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. This cookie is set by GDPR Cookie Consent plugin. Defendant's intent to take the property must have been formed before or during the time she used force or fear. . Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). [] 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.' 1437, to determine whether a defendant was culpable of first degree murder on an aider and abettor theory, our Supreme Court differentiated the elements required for first degree felony-murder from those required for felony-murder special circumstance. "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. 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 . 15, 3041.2, subd. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) Defendant had notice as to the proscribed conduct and potential punishment." They are scheduled to be sentenced on June 28. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. Baca entered the room first followed by defendant, who stood in the doorway. We disagree. They both received a life sentence without the possibility of parole in June. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. at p. (Id. PublisherID: '295095078288711', The DA's office also adds that Rebecca has a longer rap sheet. An autopsy revealed that she died of a single gunshot to the head. Julie didn't mention that the drug. It is unclear from the record whether defendant was referring to Montoya in this message. (Id. Law enforcement officers eventually arrested the pair in Redwood City. The gun Ervin used to murder the victim had been loaded with one bullet. The victim happened to be my wife. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. 621. Some of the cast members have, in fact, been released from prison since the show was filmed. Distractify is a registered trademark. We recognize that the duration of the interaction between the perpetrators and victims in this case was brief, but unlike Clark, supra, 63 Cal.4th 522, where this factor weighed in favor of that defendant because he planned for limited interaction between the robbers and a limited number of victims during what would be a fairly extended period of time they would be robbing the store, thereby minimizing the risk of violence, here the robbery itself was immediate upon defendant's closing the motel room door, trapping the victims at gunpoint. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. 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 . Gavin Newsom likes to bash Texas. For more details on the crime, here is the post-conviction press release from the Sacramento County District Attorneys Office: James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. at p. That was her downfall. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. The pair took Montoya's keys and took off. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. 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. (f).). "; (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?' 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. 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. View the profiles of people named Rebecca Temme. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), })(document,window). Its a just and proper sentence. ", During a jail visit following the shooting, defendant admitted to Clark (her aunt) that she took everything Montoya had on her person, including her car key. That was her downfall. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. Megan "Monster" Hawkins Is Grateful for Her Time on 'Jailbirds', Bobby Gonzales Was Sentenced to Life in Prison When He Was Only 15 Years Old. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. Keywords: '', Is California a better place to live? Law enforcement officers eventually arrested the pair in Redwood City. She got shot execution style. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. I feel like you can never forget someones face when you see them die. at pp. Defendant also implied that she could have prevented Montoya's death but decided not to. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. Rebecca 'Baby Girl' Temme. From this evidence, a reasonable inference arises that defendant was in on a plan to rob Montoya and Archuleta in an armed ambush that would involve physical violence. At that rate, it would take her a little more than 37 years to repay the fine. Temme and a man, James Martin Baca . [Citation.] ' " (Clark, supra, 63 Cal.4th at p. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. 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. As for Montoya, defendant stated: "I don't give a shit about that bitch. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. Displaying a gun, Baca said that he could "make that happen." In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. (Clark, at p. These different charging options subject a defendant to different penalty options (cf. 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. Montoya refused to hand over the keys and Baca shot her dead. As she lay there bleeding out, you went through her pockets. What was Rebecca Temme's crime and where is she now? We affirmed codefendant Temme's conviction on September 24, 2020. 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. Hawkins said, I have people stop me. [Citations.]" 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. Still, Rebecca says, "I love my mother f---ing life.". There was also evidence that defendant did not seem surprised when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, and that, following the shooting, Archuleta gave Baca all of her money, either defendant or Baca took Archuleta's cell phone, and defendant and Baca fled the scene in Montoya's car. She just made some f---ed up decisions," Rebecca recalls. This timely appeal followed. There was no evidence Ervin was known to have a propensity for violence or the defendant had any knowledge of such a propensity. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. Ct. No. Rebecca Temme is on Facebook. Get browser notifications for breaking news, live events, and exclusive reporting. 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. As modified, the judgment is affirmed. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. Rebecca C Temme, age 60 View Details St. Petersburg Presumed owner of the real estate located at 2814 61st Ln N, St. Petersburg Associated persons: Matthew James Stroh, Jeffrey A Temme (727) 347-8792 View Details Rebecca Temme View Details West Sacramento 2024 Manzanita Way, West Sacramento Associated persons: Adi Maraivalu, Robert Thomas 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. To pass constitutional muster, a statute must be definite enough to provide notice about what conduct is prohibited, and to provide standards for its application and adjudication to avoid arbitrary and discriminatory enforcement." at pp. 613-614.) In response, Baca said that he did not want to have sex with defendant, explaining that he did not "love her like that" and would not disrespect Montoya. (Id. ), In reaching this conclusion, the court explained that while the defendant knew a gun would be used, this fact alone was insufficient to establish reckless indifference. Counsel was then given the opportunity to argue why the recommendation was excessive; the court considered the argument but found defendant was able-bodied and would be able to work while incarcerated. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. 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. (a)(3).) Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. 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.' Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) [] The Court will waive all other fines and fees in this matter in light of this . 618-623.) [Citation.] All Rights Reserved. . . We concur: /s/_________Robie, Acting P. J. . The incident happened back in March 2017. He claimed that he shot Montoya in self-defense during a drug deal gone bad. rebecca temme in california unsorted. If you have an urgent deadline, . (Id. 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. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. What was Rebecca Temme's crime and where is she now? Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. 22. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. (Clark, supra, 63 Cal.4th at pp. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. Rebecca Temme, 36, goes by "Baby Girl" on the show, and was serving out a life sentence for murder and robbery at the time of the show. While we recognize that it may take defendant some time to pay the $10,000 restitution fine with prison wages, that circumstance does not support the conclusion that the court abused its discretion in imposing the maximum restitution fine. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. BG_Color: '#f78da7', There's a Free Streaming Service to Try. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. No single factor is necessary, but neither is any one of them necessarily sufficient. 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. Martin then directly addressed Baca as she repeated her mothers name. Malice shall not be imputed to a person based solely on his or her participation in a crime.' Gov. According to Archuleta, Montoya did not do anything to provoke the shooting. 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. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. Baca and Temme then fled for the Bay Area. Here, there is no question that defendant's crimes were serious and grave. Defendant went by the nickname "Baby Girl.". The cookies is used to store the user consent for the cookies in the category "Necessary". 730 (Special Circumstances: Murder in Commission of Felony). 17FE005228). [Citation.]" "https://secure." The pair took Montoya's keys and took off. People may receive compensation for some links to products and services on this website. She just made some fu**ed up decisions. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. Public File for KMAX-TV / Good Day Sacramento. 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. 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). document.write(" I Panicked And Left The Scene Of An Accident, Mouseover Explosive Macro, Residential Swimming Pool Regulations Hawaii, Articles R