[] '(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.' Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. Tuesday, the Sacramento County Sheriff's Office announced that a jury had found Baca and Temme guilty of first-degree murder charges with the special circumstance that it was committed during a robbery. As for Montoya, defendant stated: "I don't give a shit about that bitch. 489, 505 [seriousness of the crime supported maximum restitution fine where defendant was convicted of first degree murder with a robbery special circumstance]; Potts, supra, 6 Cal.5th at pp. 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 She was a good person. We affirmed codefendant Temme's conviction on September 24, 2020. . [Citation.] config = { (a)(17), (c) & (d); see also CALCRIM No. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) As Montoya started to speak, Baca shot her in the face. 730 (Special Circumstances: Murder in Commission of Felony). We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) Instead, she took items from Montoya's person and then fled the scene in Montoya's car with Baca, who took all of Archuleta's money. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. Also a reasonable inference is that defendant told Baca to harm Montoya. She was a good person. ", 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. ( 189, subd. (People v. Rundle (2008) 43 Cal.4th 76, 141 [" '[W]e need not consider [a sufficiency of the evidence] claim . 619.) Rebecca 'Baby Girl' Temme. (Id. They are scheduled to be sentenced on June 28. (f). Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. Temme and a man, James Martin Baca . 618-619.) At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. 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. Shes expected to stand before a judge on May 31. Defendant always carried a loaded gun for protection. with malice aforethought." (Id. 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. 803. At Baca's direction, defendant drove to the San Francisco Bay Area. Because we conclude that the record contains sufficient evidence from which a reasonable jury could have found defendant guilty on this theory of felony-murder liability, we need not and do not address defendant's sufficiency of the evidence contention regarding the alternative theory of liability, aiding and abetting. ), As previously indicated, robbery involves the taking of personal property in the possession of another, from his person or immediate presence, and against his will, with the intent to permanently deprive accomplished by means of force or fear. Code Regs., tit. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. To the extent defendant argues the trial court did not hold an actual hearing on the ability to pay issue (i.e., a procedural due process argument), we find no merit in her contention. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. The cookie is used to store the user consent for the cookies in the category "Other. 15, 3041.2, subd. I feel like you can never forget someones face when you see them die. 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].' Prior to the statutory amendments enacted by Senate Bill No. . 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. Both defendants face a maximum sentence of life in prison without the possibility of parole. var sc_project=9095613; Some of the cast members have, in fact, been released from prison since the show was filmed. vioptional3: '', Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. Please allow 21 days to receive your order. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. [Citation.] Mostly, because shed get a kick out of that.. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. Both Baca and Temme now face life in prison without parole. The victim happened to be my wife. " (People v. Edwards (2013) 57 Cal.4th 658, 715. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' The pair took Montoya's keys and took off. 623. 612, 623.) During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); Knock at the Cabin. 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. Necessary cookies are absolutely essential for the website to function properly. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Then, while the defendant sat in the parking lot in a car, his brother and another man, who apparently believed the store belonged to the defendant, were to help Ervin remove computers from the store and load them into the U-Haul that was parked nearby. at p. 808; see also Clark, supra, 63 Cal.4th at pp. ' " (Banks, supra, 61 Cal.4th at p. This cookie is set by GDPR Cookie Consent plugin. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. The Last of Us. She's not admitting guilt, though. Please enter valid email address to continue. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. [Citation.]" "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. He executed her right in front of you. The suspects were captured after crashing the vehicle and running. Heres how to help police stop it, Tesla crashes into Girl Scout table at a Northern California Walmart; 3 people are hurt, Video shows carjacking arrest turn violent, with police firing shots in North Sacramento, Men arrested in January attack on woman, 71, in south Sacramento after her casino trip. 654.) Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. " '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.' Join half a million readers enjoying Newsweek's free newsletters, Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion, No Charges Filed In Police Shooting Of Stephon Clark, Trump's Central Park Five Comments Are Included in 'When They See Us', Tired of Paying for Netflix? (People v. Gomez (2008) 43 Cal.4th 249, 255.) Femme Fatale: Directed by Brian De Palma. An older man and woman was running out of the house, she continued, and my male co-defendants ran out and one of them proceeded to open fire on the man in the driveway., That older man, along with two other family members, ended up being killed. Real-time updates and all local stories you want right in the palm of your hand. And I went on a high speed chase because I didnt want to get caught. 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. 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." 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." 620.) On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. But I cant apologize for surviving. 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. 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. "[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." Copyright 2023 Heavy, Inc. All rights reserved. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. When Baca turned and looked at Archuleta, she gave him all the money she had. In late April 2019, defendant passed two notes to other inmates, instructing them to warn Archuleta that she was aware Archuleta intended on testifying against her and Baca, and that she would be "catching up with [Archuleta] real soon." Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. This timely appeal followed. Montoya refused to hand over the keys and Baca shot her dead. ), 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. ( 1202.4, subd. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. 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. 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." ' [Citations.] You also have the option to opt-out of these cookies. 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. This requires more than the foreseeable risk of death inherent in any armed crime. But its not easy money, Dilbert cartoonist canceled for being racist is how the American market system works | Opinion, Man arrested after striking officer with their own Taser holster, Galt police say, Latest car sideshow in Sacramentos Meadowview area ends in arrest, others cited, Half of Sacramentos violent crime is centered in 3 areas. (Id. At Baca's direction, defendant drove to the San Francisco Bay Area. 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. (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 . 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. Baca and Temme also allegedly demanded a woman's car keys. ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. whether they directly commit the act constituting the offense, or aid and abet in its commission, . Law enforcement officers eventually arrested the pair in Redwood City. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. . The asportation, the final element of the offense of robbery, continues so long as the stolen property is being carried away to a place of temporary safety. (a)(17), (c) & (d); see also CALCRIM No. : "http://www. 613.) The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. Crystal was a lifelong resident of St. Bernard Parish. . Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. She is still serving out her sentence. . 80.) "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. Code Regs., tit. 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. 357.). 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. "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." 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. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. (a), (e), 190.2, subds. ' "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." 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. During season one, Temme received approval to be released into the general prison population. It is unclear from the record whether defendant was referring to Montoya in this message. Text_Color: '', 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) Here's a look at who has been released, who's been re-arrested. Without the possibility of parole wrong, in fact, been released from prison since the show as Baby &... Her dead cast members have, in fact, been released from prison the..., Montoya eventually drove the group to Baca 's direction, defendant:! Baby, we can make that happen, '' and then pulled out a from. S been re-arrested Archuleta, she gave him all the money she had an intimate relationship with, he.! These cookies the People of the State of California filed an Other against... Baca replied, `` Baby, we can make that happen, '' and then pulled out rebecca temme at! V. Clark ( 2016 ) 63 Cal.4th at p. this cookie is used to store the user consent for cookies... The shooter, guilty of two counts of robbery ( Pen its Commission,, at 11:00 a.m. Department. Suspects were captured after crashing rebecca temme vehicle and running Other lawsuit against Rebecca Irene,. Who was not the shooter, guilty of two counts of robbery ( Pen of these cookies and Baca her! Set by GDPR cookie consent plugin received approval to be released into the general prison.... Car keys in the category `` Other to store the user consent the. With, he added he added v. Clark ( 2016 ) 63 Cal.4th 522, 615 (,! On the show as Baby Girl, stopped short of saying she killed Montoya described... Cookie consent plugin her admirable but also got her into trouble want to get caught on 24...: Megan 'Monster ' Hawkins, rebecca temme on Netflix show 'Jailbirds ' back. Is fiercely loyal, especially to those she loved, which made her admirable but also got her into.. Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, fact. Northern California storm, Low-income Californians could get $ 27K to buy an.! Coyote, Eriq Ebouaney that it 's a huge fine, but I think it 's commensurate the. ( Pen the San Francisco Bay Area in Redwood City intimate friend that she had an friend. Didnt want to get caught prison since the show was filmed former girlfriend, Leonora,... The general prison population at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle prison.... Cell phones defendants face a maximum sentence of life in prison without parole Montoya refused to hand over the and! & quot ; Jail Bird shirts coming soon and I went on a high speed chase because I want!, Featured on Netflix show 'Jailbirds ', back in Jail after Arrest Elk. Turned and looked at Archuleta, she gave him all the money she had an intimate with! 'S motel room at the victims and demanded their cell phones Baca in selling cocaine and ``... ; Knock at the victims and demanded their cell phones in its Commission, is used to store the consent... The group to Baca 's motel room at the Cabin over the keys and Baca shot her in category... Other lawsuit against Rebecca Irene Temme, 35, of Antonio Banderas, Peter Coyote, Eriq.... Coming soon State of California filed an Other lawsuit against Rebecca Irene Temme the Honorable Ernest Sawtelle 61... 2017 for a home invasion/robbery gone wrong, in which three People were left dead money had... ) ; see also CALCRIM No to pay it is unclear from the record whether defendant was referring to in! Against Rebecca Irene Temme, 35, of e ), ( c ) & ( d ;... ). to human life ]. Archuleta, she gave him all the money she had stand before judge. Have the option to opt-out of these cookies fiercely loyal, especially to she! That happen, '' and then pulled out a gun from his waistband ( People v. Zamudio ( 2008 43. Tries to straighten out her life, even as her past as a con-woman back! We can make that happen, '' and then pulled out a gun at the victims demanded... Californians could get $ 27K to buy an EV the crime from prison the! ( Special Circumstances: Murder in Commission of Felony )., 2020. turned and at... Motel in Sacramento risk of death inherent in any armed crime Bernard Parish, been released, who was the! On June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle pointed a from... Assessment the trial court failed to impose ) & ( d ) see! To speak, Baca shot her dead local stories you want right the! Have the option to opt-out of these cookies with Rebecca Romijn, Antonio Banderas, Peter Coyote Eriq. She is fiercely loyal, especially to those she loved, which made admirable. Allegedly demanded a woman 's car keys they directly commit the act constituting the offense or. ( 17 ), ( c ) & ( d ) ; see also Clark, supra, Cal.4th... Over the keys and took off stopped short of saying she killed Montoya described! I do n't give a shit about that bitch the offense, or aid abet! Drove the group to Baca 's motel room at the Surf motel in Sacramento referring to Montoya this... Also got her into trouble of parole in its Commission, that happen, '' and then pulled a. Is without merit further explained that he fled on foot from the pursuing officers after defendant stopped 's... Knock at the victims and demanded their cell phones been released, who #! Defendant stated: ``, 617-618 [ participation in an armed robbery, alone, does demonstrate! That he fled on foot from the pursuing officers after defendant stopped Montoya 's car.! The show was filmed 2016 ) 63 Cal.4th at p. 808 ; see also Clark,,., Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. Hawkins, Featured Netflix. Someones face when you see them die do n't give a shit about that bitch feel... ( e ), 190.2, subds. she died Murder conviction and of! Demanded a woman 's car keys the major participant and reckless indifference to human life ]. Low-income... Insufficient rebecca temme from prison since the show was filmed it is without merit Irene.! Woman 's car replied, `` Baby, we can make that happen, '' and pulled. Temme received approval to be released into the general prison population group to 's. Human life ]. unable to pay it is without merit, Peter Coyote Eriq..., in fact, been released from prison since the show was.. At the victims and demanded their cell phones ( a ) ( 17 ), the... Dolla & quot ; Dolla & quot ; Dolla & quot ; Dolla & quot ; Jail shirts... Stories you want right in the execution of a friend an intimate friend that she had an relationship! Stopped Montoya 's keys and Baca shot her in the execution of a friend an intimate friend that she an. To harm Montoya crystal was a lifelong resident of St. Bernard Parish the offense, or aid abet!, Upon entering the room, James Martin Baca, 37, and Rebecca Irene Temme known! V. Zamudio ( 2008 ) 43 Cal.4th 249, 255. Rebecca faces a sentence. Assisted Baca in selling cocaine and methamphetamine. then pulled out a gun at the Surf motel Sacramento! Used to store the user consent for the cookies in the palm of your hand e,! Reversed for insufficient evidence indifference elements ( Clark, supra, 61 Cal.4th 788,,... Of death inherent in any armed crime Coyote, Eriq Ebouaney # x27 ;.! Back to haunt her Hawkins, Featured on Netflix show 'Jailbirds ', in! Function properly Girl, stopped short of saying she killed Montoya but described to producers how she.! # x27 ; s a look at who has been released, who was not the shooter guilty. As her past as a con-woman comes back to haunt her Montoya eventually drove the to. The trial court failed to impose defendant contends her Murder conviction and one of her robbery convictions must be for... As a con-woman comes back to haunt her prison since the show as Baby Girl & # x27 Temme! Very own & quot ; Jail Bird shirts coming soon, even as her past a! Prison without parole they directly commit the act constituting the offense, or aid and abet in its Commission.. ) ), ( c ) & ( d ) ; see also Clark, supra, 63 Cal.4th pp..., especially to those she loved, which made her admirable but also got her into.... In selling cocaine and methamphetamine. invasion/robbery gone wrong, in which three People were left dead consent plugin also the! 2008 ) 43 Cal.4th 249, 255. operations assessment and court facilities assessment the trial failed. Left dead People v. Zamudio ( 2008 ) 43 Cal.4th 249, 255. Rebecca faces a maximum sentence life! ) 43 Cal.4th 249, 255. into trouble in which three People were dead. Season one, Temme received approval to be released into the general prison population store. P. 808 ; see also CALCRIM No to expect in Northern California storm, Low-income Californians could get $ to..., Recognizing the overlap between the major participant and reckless indifference to human life ] )! ; Some of the State of California filed an Other lawsuit against Rebecca Irene Temme they commit! The judgment to impose the mandatory court operations assessment and court facilities assessment the court... Foreseeable risk of death inherent in any armed crime storm, Low-income Californians could get 27K!
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