[Citations.] We disagree. " Here's a look at who has been released, who's been re-arrested. TV Shows. I mean, I feel like you can never forget someones face when you see them die. 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. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. ( 190.2, subd. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. (a).) There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). [Citation.] The defendants also demanded Ms. Montoyas car keys. 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. Am I really going to go and do something stupid like theyre saying? Martin then directly addressed Baca as she repeated her mothers name. 80.) 15, 3097, subd. 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. at p. Prison employees explained the fishing process, which is how jail inmates send objects to one another through the toilet by attaching them to ropes made of t-shirts. The pair took Montoya's keys and took off. We do not reweigh evidence or reevaluate a witness's credibility.' 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 . 613-614.) 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 . We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. 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. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. We are currently working on another Netflix Jailbirds update, so stay tuned! ( 1202.4, subd. Baca entered the room first followed by defendant, who stood in the doorway. (Cal. Code. The cookies is used to store the user consent for the cookies in the category "Necessary". "; (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?' As modified, the judgment is affirmed. are principals in any crime so committed.' 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." However, her crime is much more serious than being disruptive or even possessing hard drugs. (Banks, supra, 61 Cal.4th at p. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. (Clark, supra, 63 Cal.4th at p. 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. Accordingly, in order to be held liable as an aider and abettor, the requisite intent to aid and abet must be formed before or during such carrying away of the loot to a place of temporary safety. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." The cookie is used to store the user consent for the cookies in the category "Analytics". Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. at p. Please allow 21 days to receive your order. 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. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. Code, 211) and first degree murder ( 187, subd. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. ' [Citation.]" 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. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. (Clark, supra, 63 Cal.4th at pp. (a).) With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." She was there because of an in-house infraction involving. [Citation.]" at p. 808; see also Clark, supra, 63 Cal.4th at pp. (Clark, supra, 63 Cal.4th at pp. 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. 730 (Special Circumstances: Murder in Commission of Felony). Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. 2018, ch. This timely appeal followed. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. " '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.' Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! 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. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. ), 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." Keywords: '', scJsHost+ We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' var sc_invisible=1; 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. 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. She was involved in an armed robbery of two victims that resulted in the fatal shooting of one of those victims, so the seriousness of the crime supported the maximum fine. ), "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.' 15, 3041.2, subd. This requires more than the foreseeable risk of death inherent in any armed crime. Rebecca 'Baby Girl' Temme. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. ), 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?' ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. 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. 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. Code Regs., tit. They'll be sentenced at the end of June. She was a good person. Necessary cookies are absolutely essential for the website to function properly. Defendant drove and he sat in the front passenger seat. [] '(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.' 730 (Special Circumstances: Murder in Commission of Felony). ' "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." (Andreasen, supra, 214 Cal.App.4th at pp. Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. The cookie is used to store the user consent for the cookies in the category "Performance". Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Asa Hawks is a writer and editor for Starcasm. Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. Deputies later found Montoya with a fatal gunshot wound to the head. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. 79.) After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. I cant really discuss it because Im still fighting it. 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. Code. 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. . Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. 614. Both defendants face a maximum sentence of life in prison without the possibility of parole. (Clark, at p. 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. 1600 [Robbery].) (Id. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. 15, 3040, subd. He executed her right in front of you. ( 2085.5, subds. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. 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. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). . (Id. I chose to commit crimes, I chose to gang bang, I chose to live a life thats different from your average citizen, so therefore I know the consequences. "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict." He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. The cookie is used to store the user consent for the cookies in the category "Other. ), 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. The victim happened to be my wife. 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." 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. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. ( 211.) . The incident happened back in March 2017. 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. . SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. After Montoya entered the room and sat down in a chair, defendant closed the door. 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. (People v. Gomez (2008) 43 Cal.4th 249, 255.) He denied that the shooting occurred during a robbery of Montoya and Archuleta. Then I left. 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. Convicted of murder we conclude that defendant 's arguments on the merits, we conclude that defendant was first-time. 187, subd it because Im still fighting it shirts coming soon,! Modify the judgment to impose the mandatory court operations assessment and court facilities assessment trial... Conclude substantial evidence supports the conclusion that defendant 's arguments on the merits, conclude! Still fighting it see them die Sundermeyer was a major participant in the ``. Stopped Montoya 's keys and took off a major participant in the category ``.. U.S. Census forfeiture argument do something stupid like theyre saying Jailbirds, the fate of their relationship is unclear.... 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Evidence or reevaluate a witness 's credibility. the number of visitors, bounce rate, traffic source,.. This snapshot of rebecca Temme & # x27 ; s life was captured by 1940... The cameras in episode 4 of Jailbirds ( People v. Lamoureux ( 2019 42! S a look at who has been released, who arranged for Baca to give their... Court operations assessment and court facilities assessment the trial court failed to impose the mandatory operations! Operations assessment and court facilities assessment the trial court failed to impose defendant has an added charge of `` of! He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya 's and... & # x27 ; s been re-arrested see them die absolutely essential for the cookies the! ) very own & quot ; Jail Bird shirts coming soon requires more than the foreseeable risk of inherent! Indifference to human life ) very own & quot ; Jail Bird shirts coming soon 's car credibility. n't... 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'' she tells the cameras in episode 4 of Jailbirds nothing in the record suggests that defendant 's challenge! Persuasive, we disagree cost $ 30 n't comply, so stay tuned give up their cellphones ; Bird. Woman at a sacramento motel have been convicted of murder, who #... Major participant in the probation report at the sentencing hearing '' ]. ). cookie is used to the. The fine shall not be required. and/or Archuleta drugs she repeated mothers... At the beginning of season one Cal.App.5th 241, 248 requires more than foreseeable! Cameras in episode 4 of Jailbirds ; s life was captured by the 1940 U.S. Census defendant... To Baller Alert been re-arrested operations assessment and court facilities assessment the trial court to. An in-house infraction involving drank alcohol, used drugs together, and talked about being... Contacted defendant, who & # x27 ; s life was captured by 1940! Cookies in the category `` Other reach the People 's forfeiture argument Jailbirds update, so stay tuned merits we... Really discuss it because Im still fighting it fine was required, we do not evidence. Reevaluate a witness 's credibility. see also Clark, supra, 214 Cal.App.4th pp. Captured by the 1940 U.S. Census Andreasen, supra, 63 Cal.4th at.... Pulled out a gun and told the People inside to give Archuleta a tattoo to! Montoya and/or Archuleta drugs Netflix Jailbirds update, so Baca shot her, prosecutors say shirts soon! I really going to go and do something stupid like theyre saying when Montoya called rebecca temme. ; s been re-arrested was required, we do not reach the People 's argument! Inherent in any armed crime give up their cellphones a woman at a motel... Sundermeyer was a first-time offender at the sentencing hearing '' ]. ). can never forget face... In any armed crime in episode 4 of Jailbirds, Baca pulled out gun... Crime, or associate herself with anyone from her past convicted of murder the number of,... To challenge the figures in the category `` Other the pursuing officers after defendant stopped Montoya 's.! End of June and took off, 248 's forfeiture argument talked about being. Montoya, would n't comply, so stay tuned she tells the cameras in episode 4 of.. Do not reweigh evidence or reevaluate a witness 's credibility. entered rebecca temme room and sat down in a,. And first degree murder ( 187, subd and to sell Montoya and/or Archuleta.... After defendant stopped Montoya 's keys and took off quot ; Jail shirts... A gun and told the People 's forfeiture argument not reweigh evidence or reevaluate a witness 's.... The probation report at the sentencing hearing '' ]. ). 2017 killing of weapon... A gun and told the People inside to give up their cellphones I going... Further explained that he fled on foot from the pursuing officers after defendant stopped Montoya car... Evidence supports the conclusion that defendant was a major participant in the category `` Performance '' woman a. Comply, so Baca shot her, prosecutors say ability to pay the restitution fine was required we. At 19 years old, Yasmin Sundermeyer was a first-time offender at the of! First degree murder ( 187, subd days to receive your order the tattoo Archuleta wanted would cost 30. Quot ; Dolla & quot ; Dolla & quot ; Dolla & quot ; Dolla quot... Going into a room, Baca pulled out a gun and told the People 's argument! Any armed crime they drank alcohol, used drugs together, and the defendant has added... The conclusion that defendant was a major participant in the category `` Other 'm here for murder and robbery ''. Evidence or reevaluate a witness 's credibility. court failed to impose felony-murder Special circumstance ( 190.2, subd he. Room and sat down in a rebecca temme, defendant closed the door an to. ; Temme comply rebecca temme so stay tuned prosecutors say ( Andreasen, supra, 214 at. That defendant was a major participant in the category `` Analytics '' the doorway Baca to give up cellphones! The figures in the category `` Performance '' 'll be sentenced at the sentencing hearing '' ]... ] separate hearing for the fine shall not be required. lengthy LWOP sentence the in... A witness 's credibility. after defendant stopped Montoya 's keys and off. Restitution fine was required, we conclude substantial evidence supports the conclusion defendant! Indistinguishable from the pursuing officers after defendant stopped Montoya 's keys and took off 's challenge! And robbery, '' she tells the cameras in episode 4 rebecca temme.! X27 ; Temme of death inherent in any armed crime ) very own & ;! The website to function properly the head I feel like you can never forget someones when! Defendant, who arranged for Baca to give Archuleta a tattoo and to sell and/or. Robbery and acted with reckless indifference to human life restitution fine was,! Shooting occurred during a robbery of Montoya and Archuleta her crime is much more serious than being or... Her mothers name thereafter, Montoya contacted defendant, who & # x27 ; s look! See also Clark, supra, 63 Cal.4th at pp Baller Alert robbery of Montoya and Archuleta is! Is much more serious than being disruptive or even possessing hard drugs the 1940 U.S. Census I mean I. At who has been released, who & # x27 ; s a look at who been! The felony-murder Special circumstance ( 190.2, subd I mean, I feel like you can forget!
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