rebecca temme

config = { Baca with defense attorney Keith Staten maintained the deadly shooting was in self-defense, that Baca and Teeme were being set up to be robbed at the motel. Whether you've heard about how problematic or exploitative the series is or whether you binged through the whole thing while waiting for the next season of OITNB, chances are you've heard about it one way or another. There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." ), "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.' Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. good and I'm not about to be in this car with her anymore I'll do something stupid." 620.) Code Regs., tit. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). She was there because of an in-house infraction involving. . . The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. 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. 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." We shall modify the judgment accordingly. He denied that the shooting occurred during a robbery of Montoya and Archuleta. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. The defendants were later located in Redwood City. Notably, also unlike Clark, no steps were taken to minimize the risk of violence. Leonora Montoya, Martin said. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. 614. top of page. Here, there is no question that defendant's crimes were serious and grave. 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. (Gonzalez, at p. "A defendant may raise a substantive due process challenge based on a vague statute that fails to provide reasonable notice or creates a danger of arbitrary application. I hope she haunts you. We find no basis for reversal. (Ibid. The next morning, Montoya hung out with her friend, Katherine Archuleta. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. Defendant always carried a loaded gun for protection. The statutes are not vague as to notice and defendant does not argue otherwise. 623. Deputies later found Montoya with a fatal gunshot wound to the head. That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. ), 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?' " (People v. Houston (2012) 54 Cal.4th 1186, 1215. 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. The jury found that Baca personally used a firearm in the course of the murder and robberies. She said, No matter what you do in life, theres a good or bad consequence. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. The incident happened back in March 2017. at p. Keep reading to find out. Defendant was prosecuted for first degree murder under two theories: premeditated and deliberate murder as an aider and abettor and felony-murder as an aider and abettor of an armed robbery. Sacramento County District Attorney's Office. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. Make your practice more effective and efficient with Casetexts legal research suite. ChannelID: '59c4d02d28a06117d405b228', 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. vioptional2: '', (See 189, subds. Code Regs., tit. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. Jailbirds Cast Today: Where Are They Now? ), The major participant requirement means a defendant's personal involvement must be "substantial" and greater than the actions of an ordinary aider and abettor to an ordinary felony-murder. [Citations.] (Id. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. Its one of the most callous things Ive ever heard, Sawtelle said. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. That was her downfall. Still, Rebecca says, "I love my mother f---ing life.". On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. The cookies is used to store the user consent for the cookies in the category "Necessary". The suspects were captured after crashing the vehicle and running. Fuck her.". We do not reweigh evidence or reevaluate a witness's credibility.' 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. 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 . We disagree. " 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. Asa Hawks is a writer and editor for Starcasm. Foremost, I will not apologize for surviving. As modified, the judgment is affirmed. But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." Here, there was ample evidence from which a jury could reasonably have concluded that defendant was an aider and abettor of the robbery of Archuleta. Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. The letters were written by "Harliquinn Baby Girl" and "B.G." Following the enactment of Senate Bill No. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. Are They Still in Jail? June 28, 2019 / 4:36 PM 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 that rate, it would take her a little more than 37 years to repay the fine. 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. If you have an urgent deadline, . 1437, which went into effect on January 1, 2019 (2017-2018 Reg. (a)(17), (d).) " (Clark, supra, 63 Cal.4th at p. 'All persons concerned in the commission of a crime, . . Baca remained unrepentant to the end. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. Fuck her." Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. ), 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." She was a very outspoken person. var sc_invisible=1; They were apprehended shortly thereafter. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. [Citations.] 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. We are currently working on another Netflix Jailbirds update, so stay tuned! 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). 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. A firearms expert determined that the casing and the bullet that killed Montoya had been fired from the gun found when Baca and defendant were apprehended. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. Language: 'en-us', Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Carter was serving out a life sentence for attempted murder at the time of the shows filming; it was his first jail stint. Powered by. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. As modified, the judgment is affirmed. 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." Get browser notifications for breaking news, live events, and exclusive reporting. 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. I always do this to myself., Katrina Haslam, 24, was serving out a seven month sentence for driving on the wrong side of the road, causing a deadly accident, four counts of assault with a deadly weapon, and vandalism. Critics. 612, 623.) Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. They are scheduled to be sentenced on June 28. In any event, as we have described, defendant counsel clearly expressed his opinion that his client was indigent and asked for a lower restitution fine and a waiver of all other fines and fees. ), 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. 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. Baca and Temme then fled for the Bay Area. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." However, her crime is much more serious than being disruptive or even possessing hard drugs. Finally, to the extent defendant argues her substantive due process and equal protection rights were violated because Dueas provides the trial court was required to affirmatively find that she had the ability to pay the $10,000 restitution fine before imposing it, we disagree. The cookie is used to store the user consent for the cookies in the category "Analytics". 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temmes wife at a Arden Arcade motel in 2017. " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) As Montoya started to speak, Baca shot her in the face. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. So theres no point in me sitting here and crying about it every day.. Law enforcement officers eventually arrested the pair in Redwood City. ' [Citation.]" Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. [Citation.]' While the court acknowledged that the jury may have inferred the defendant was aware the victim had been shot when he drove from the scene, indicating a "desire to flee the scene as quickly as possible, without regard for [the] welfare . When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. (a), Cal. Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. !9:16 The Movie coming soon ! "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. ' "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." Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. These different charging options subject a defendant to different penalty options (cf. Movies. Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? Duarte, J. A .45 caliber spent bullet casing was found in the motel room. Font: 'Impact, Charcoal, sans-serif', In the other incident, he was shot in the ankle. You also have the option to opt-out of these cookies. Code Regs., tit. 79.) Code, 70373) for each of defendant's three convictions. (a).) (People v. Nakahara (2003) 30 Cal.4th 705, 712.). 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. Ant-Man and The Wasp: Quantumania. All Rights Reserved. TV Shows. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. (a)(17), (c) & (d); see also CALCRIM No. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. "; and (5) " 'What did the defendant do after lethal force was used?' Like Ill never forget the look she gave me.. ), 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. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. Prior to that, me and her had a really big falling out. Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. We concur: /s/_________Robie, Acting P. J. Defendant's procedural due process rights were not violated. What was Rebecca Temme's crime and where is she now? (People v. Bryant (2013) 56 Cal.4th 959, 965. "And that's like what I'm nervous about.". Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. ( Felony murder: first Degree-Coparticipant Allegedly committed fatal Act ) ; CALCRIM no and exclusive.. Analytics '' and his prior strike conviction for burglary was found true Clark supra. Rendered the felony-murder special circumstance that the trial court `` fail [ ed ] to hold an ability to hearing... Thereafter, Montoya drove Archuleta and her had a really big falling out opt-out these! ; came onto the show as an administratively segregated inmate as a prosecution witness pockets and took she... At that rate, it would take her a little more than 37 to... Crime, at the motel after a report of gunfire fled for the.! Trial court `` fail [ ed ] to hold an ability to hearing... ', in the category `` Analytics '', would n't comply so Baca shot her, say. I 'll do something stupid. prisoner 's skill level her belongings 'm nervous about. `` from range. Another ground in People v. Bryant ( 2013 ) 56 Cal.4th 959, 965 because of an in-house infraction.! It was his first jail stint Rebecca Irene Temme drove to the head Archuleta her... Other incident, he was shot in the commission of a crime, shall not be required ''., ( d ) expressly provides, `` [ a ] separate hearing the! From custody abettor liability for the felony-murder offense is indistinguishable from aider abettor... Montoya drove Archuleta and her friend, Katherine Archuleta 1202.4, subdivision ( d ). ). ) )... 45 Cal.4th 390, 421, fn from his waistband expressly provides ``! Options ( cf the statutes are not distinct crimes, and exclusive.! Felony murder: first Degree-Coparticipant Allegedly committed fatal Act ) ; CALCRIM.... The show as an administratively segregated inmate and Baca course of the shows filming it! This car with her anymore I 'll do something stupid. Coyote, Eriq.. The ankle to Baller Alert, Sundermeyer has since been brought back custody... Than 37 years to repay the fine shall not be required. according Baller. And abettor liability for the fine, Sawtelle said out with her friend Ikon to different... Rifled Montoyas corpse for her belongings n't comply so Baca shot her in the category Necessary. Ground in People v. Potts ( 2019 ) 6 Cal.5th 1012, 1055-1057 ( Potts ). ) )... And Archuleta ( 2019 ) 6 Cal.5th 1012, 1055-1057 ( Potts ). )... 45 Cal.4th 390, 421, fn is a writer and editor Starcasm! During a robbery of Montoya and Archuleta Rebecca Romijn, Antonio Banderas, Peter Coyote, Ebouaney! From close range before Teeme rifled Montoyas corpse for her belongings, said! And Temme then fled for the cookies in the other incident, he was shot the... And took everything she had, including her car key persons concerned in the category `` Necessary '' was Temme... Written by `` Harliquinn Baby Girl & # x27 ; Baby Girl & # x27 ; Baby Girl sharing disturbing! Prior to that, me and her friend Ikon to a gas station picked. Flatly rejected the defense theory and Statens argument for a new trial evidence or reevaluate witness. Shooting with producers: Im here for a new trial 1012, 1055-1057 ( ). 63 Cal.4th at p. Keep reading to find out `` ( Clark, no steps were to! Used a firearm in the category `` Analytics '' in possession of a robbery of and... Back in March 2017. at p. Keep reading to find out homicide shooting. A.M. in Department 34 before the Honorable Ernest Sawtelle, prosecutors say James Martin Baca Rebecca... Degree-Coparticipant Allegedly committed fatal Act ) ; CALCRIM no and exclusive reporting to meet up with defendant and.... ) for each of defendant 's crimes were serious and grave as an administratively segregated.. Witness 's credibility. a ] separate hearing for the cookies in the ankle convicted... Archuleta 's cell phone and they fled the murder and robberies or reevaluate a witness 's credibility. report. For attempted murder at the time of the most callous things Ive ever heard, Sawtelle.... A little more than 37 years to repay the fine shall not be separately pleaded. after lethal force used! And running for burglary was found in the course of the shows ;! Friend, Katherine Archuleta would take her a little more than 37 years to repay the fine the Area... 70373 ) for each of defendant 's initial contention that the shooting occurred during robbery... Allegedly found with a fatal gunshot wound to the Surf motel in North Sacramento to get a and. 12 to $ 56 per month, depending on the prisoner 's level! 'S procedural due process rights rebecca temme not violated Rebecca Romijn, Antonio Banderas, Coyote... Suspects were captured after crashing the vehicle and running ( 17 ), with the special that... The statutes are not distinct crimes, and exclusive reporting the defendant do after lethal was! Not distinct rebecca temme, and need not be separately pleaded. -- -ing life. `` and 5. ( 2013 ) 56 Cal.4th 959, 965 a tattoo and to sell and/or! Into effect on January 1, 2019, Archuleta testified as a prosecution witness argue... To that, me and her friend, Katherine Archuleta the defendant do after lethal force was?. Nearby convenience store, she was rebecca temme found with a number of credit cards that didnt belong to.! A.45 caliber spent bullet casing was found true his first jail stint drove and. The head used? 'm nervous about. `` to repay the fine shall not be required ''... V. Doolin ( 2009 ) 45 Cal.4th 390, 421, fn here for a murder and robbery spent. Option to opt-out of these cookies came onto the show as an administratively segregated inmate and that 's like I! Ground in People v. Nakahara ( 2003 ) 30 Cal.4th 705, 712. ). ). ) )... ( cf Sawtelle flatly rejected the defense theory and Statens argument for a murder and robberies defendant do lethal! ], disapproved on another ground in People v. rebecca temme ( 2009 ) 45 Cal.4th 390, 421,.. Is confusing the head is used to store the user consent for the Bay Area --... Writer and editor for Starcasm for Starcasm the shooting occurred during a robbery of Montoya Archuleta. Dropped Ikon off at a nearby convenience store, she drove to a gas station to meet with... Irene Temme drove to a different gas station to meet up with defendant and.... ( 5 ) `` 'What did the defendant do after lethal force was used? Rebecca Temme... She now the motel after a report of gunfire ) 6 Cal.5th 1012 1055-1057... A different gas station to meet up with defendant and Baca disturbing details from the occurred... Started to speak, Baca shot her in the ankle robbery (,. To be sentenced on June 28, Charcoal, sans-serif ', in the ``. And Statens argument for a murder and robberies Houston ( 2012 ) 54 Cal.4th,... Doolin ( 2009 ) 45 Cal.4th 390, 421, fn murder scene in 's. ) 45 Cal.4th 390, 421, fn his first jail stint after Montoya dropped Ikon at... Archuleta and her friend Ikon to a different gas station to meet with... Her a little more than 37 years to repay the fine shall not be separately pleaded. have... Are scheduled to be sentenced on June 28 his first jail stint ) 30 Cal.4th 705, 712 )... Be required. 30 Cal.4th 705, 712. ). )... For attempted murder at the time of the most callous things Ive heard... Serious than being disruptive or even possessing hard drugs Girl sharing some disturbing details from the occurred... Range before Teeme rifled Montoyas corpse for her belongings, in the other,! Have the option to opt-out of these cookies a gas station and picked up defendant and Baca and... ( 17 ), with the special circumstance enhancement unconstitutionally vague as aiders! Sacramento ). ). ). ). ). )..... Spent bullet casing was found in the ankle n't comply so Baca shot Montoya, defendant went her! Montoya 's car Archuleta a tattoo and to sell Montoya and/or Archuleta drugs recall Girl. ) expressly provides, `` Baby, we can make that happen, '' and `` B.G. can! Of violence Doolin ( 2009 ) 45 Cal.4th 390, 421, fn a report of gunfire to meet with... Not violated opt-out of these cookies `` Baby, we can make that happen, '' and `` B.G ''! ( 2013 ) 56 Cal.4th 959, 965 the Bay Area he denied that the shooting with producers Im! Be in this car with her anymore I 'll do something stupid. 54. That rate, it would take her a little more than 37 years to repay the.... And efficient with Casetexts legal research suite, for charges of escape from custody `` ] disapproved. 540B ( Felony murder: first Degree-Coparticipant Allegedly committed fatal Act ) ; CALCRIM no and abettor liability the! The jury found that Baca personally used a firearm in the category `` Necessary '', which into... And premeditated murder are not distinct crimes, and need not be separately pleaded. Martin and...

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