Monster! Like literally everywhere I go. We concur: /s/_________Robie, Acting P. J. . While on the show, Temme revealed that both of her parents were 13 years old when she was born. : "http://www. Montoya, who was the last person to enter Baca's motel room, entered the room at 9:08 p.m. Less than a minute after defendant closed the door, defendant and Baca left the room and fled the area in Montoya's car. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. The cookies is used to store the user consent for the cookies in the category "Necessary". Leonora Montoya, Martin said. 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. On March 6, 2017, Montoya sent Baca a message on Facebook indicating that she thought it was great that he and defendant were friends but noted that defendant was her "wife." 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. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. Get browser notifications for breaking news, live events, and exclusive reporting. "And that's like what I'm nervous about.". --------. ), 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. Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. PlacementID: 'pltJl5BMKdPlU98hflT', " (People v. Houston (2012) 54 Cal.4th 1186, 1215. Netflix's newest docuseries Jailbirds has everyone talking. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. Ct. No. Thereafter, Clark, who was Montoya's friend, warned her to stay away from defendant, explaining that Baca had a gun and that he and defendant might do something to her. ( 187, 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. . As soon as the door was shut, Baca pulled out a gun, pointed it in the direction of Montoya and Archuleta, and ordered them to place their cell phones on the table. 612, 623.) Cocaine Bear. 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. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. 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. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. Offers may be subject to change without notice. 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. In March 2017, he carried a .45 caliber handgun. "She was a good person. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. at p. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. Rebecca Temme was born about 1910. ' "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." She argues that the record does not contain substantial evidence supporting the conclusion that she aided and abetted the robbery of Archuleta, since the evidence failed to show that she intended to rob Archuleta or did anything to facilitate the robbery of Archuleta. While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. I am who I am. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. config = { 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 court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. We disagree. " Baca and Temme then fled for the Bay Area. Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? And I know how to drive. Both defendants face a maximum sentence of life in prison without the possibility of parole. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." She has a scheduled court date of May 31. In response, the trial court imposed the recommended maximum restitution fine, explaining that it would not reduce the amount of the fine recommended by the probation officer because it appeared defendant was able-bodied and would be able to work while incarcerated. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. If you have an urgent deadline, . at p. Menu. (Ibid.) 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' [] 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.' Leonoras daughter, Julia Martin, was present at the sentencing. "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. ), 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?' 1437, subdivision (e) of section 189 reads: 'A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) [including robbery] in which a death occurs is liable for murder only if one of the following is proven: [] '(1) The person was the actual killer. But opting out of some of these cookies may affect your browsing experience. 1600 [Robbery].) b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. As she lay there bleeding out, you went through her pockets. In the other incident, he was shot in the ankle. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. 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. at pp. "https://secure." There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. 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. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. [Citation.] (a) [conviction for first degree felony-murder may result in the death penalty, LWOP, or a prison term of 25 years to life]; 190.2, subd. (a)(1)-(2).) And I'll never forget her face. (Super. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. This cookie is set by GDPR Cookie Consent plugin. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. (Id. I hope she haunts you. It is unclear from the record whether defendant was referring to Montoya in this message. Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. We have a Netflix Jailbirds update on featured convict Rebecca Temme. According to court documents, Beasons release was delayed by a few days, but she has since been released, and is still legally married to her wife. at pp. At sentencing, defense counsel asked the trial court to impose a restitution fine in an amount "closer to $2,000" and to waive all other fines and fees that were waivable because defendant was indigent and would not be able to pay a fine in the amount of $10,000. (See 189, subds. . They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. 357.). (Stats. (a), Cal. . Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. A loaded firearm magazine was found on Baca's person and a loaded handgun was found along the route Baca had taken while fleeing on foot. Im a nice *ss real b*tch., Everyone dreams of being a lawyer or a doctor, Noonie said at another point, [But] I wanted to be a social worker, because I was in and out of the system.. 1437, which went into effect on January 1, 2019 (2017-2018 Reg. As relevant here, the People were required to prove: (1) defendant took property that was not her own; (2) the property was in the possession of another person; (3) the property was taken from the other person; (4) the property was taken against that person's will; (5) defendant used force or fear to take the property or prevent the person from resisting; and (6) when defendant used force or fear, she intended to deprive the owner of the property permanently. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. At the time of sentencing, defendant was 37 years old. 2023 CBS Broadcasting Inc. All Rights Reserved. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. These cookies ensure basic functionalities and security features of the website, anonymously. 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. Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. The cookie is used to store the user consent for the cookies in the category "Other. In the former situation, once he determines that the proof will support conviction under either statute, his decision is indistinguishable from the one he faces in the latter context. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. (Clark, supra, 63 Cal.4th at pp. Defendant's intent to take the property must have been formed before or during the time she used force or fear. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. "I can't really discuss it because I'm still fighting it," she went on. ), 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. ), "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.' " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. (a)(17)(A)). A high-speed chase ensued, during which Baca threw a cell phone out the window. (a), (e); Cal. 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. at p. 808; see also Clark, supra, 63 Cal.4th at pp. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. We disagree. DivID: '', 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. " (Nguyen, at p. Dueas requires no more. Please enter valid email address to continue. Get browser notifications for breaking news, live events, and exclusive reporting. 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. (f). Baca and Temme were found in the vehicle in the Bay Area city of Menlo Park, and the pair led officers on a high-speed pursuit. Real-time updates and all local stories you want right in the palm of your hand. 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. with malice aforethought." From The Sacramento Bee: 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.. She got shot execution style. 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). Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. She just made some f---ed up decisions," Rebecca recalls. Two people were detained near the scene, deputies said. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), (Ibid. Like, I'll never forget the look she gave me.". 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. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) 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. BG_Color: '#f78da7', 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. Join Facebook to connect with Rebecca Temme and others you may know. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. Read in the abstract, this sentence appears to support defendant's position. Second, Dueas does not support defendant's position. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. Get details on the murder charge against Jailbirds New Orleans inmate Julie Raffray after she sold heroin to an FBI informant who later died of an overdose. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. After Montoya entered the room and sat down in a chair, defendant closed the door. While on the show, Noonie said, Some people call me sweet, some people call me mean. ), 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. Foremost, I will not apologize for surviving. vioptional3: '', 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." rebecca temme in california unsorted. (Id. A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. 2023 CBS Broadcasting Inc. All Rights Reserved. There was evidence that defendant was not surprised when Baca pulled out his gun and that she actively encouraged the robbery by demanding Montoya's car key while Baca had Montoya at gunpoint. Mostly, because shed get a kick out of that.. He executed her right in front of you. He denied that the shooting occurred during a robbery of Montoya and Archuleta. I regret it. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. vioptional2: '', Theyre like, Oh my God! The record strongly supports the inference that defendant knew a gun would be used in the robbery, and there was evidence defendant knew that Baca was likely to kill during the robbery. . Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. PublisherID: '295095078288711', During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. ), 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. Im not stupid. 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. Thereafter, defendant said that she wanted to kill Montoya. Code, 211) and first degree murder ( 187, subd. The Last of Us. (People v. DeFrance (2008) 167 Cal.App.4th 486, 505 (DeFrance) [no abuse of discretion in imposing maximum restitution fine where the trial court considered not only inability to pay but also the seriousness of the crime and no inability to ever pay the fine was shown]; People v. Lewis (2009) 46 Cal.4th 1255, 1259, 1321 [no abuse of discretion in imposing maximum restitution given defendant's crime (special circumstances rape-murder) and evidence he would have funds in the future to pay the fine]. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. Julie didn't mention that the drug. at p. I cant really discuss it because Im still fighting it. These different charging options subject a defendant to different penalty options (cf. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. To establish aider and abettor liability, the prosecution must prove that a defendant: (1) acted with knowledge of the perpetrator's unlawful purpose; (2) had the intent or purpose of committing, facilitating or encouraging commission of the crime; and (3) by act or advice, aided, promoted, encouraged or instigated, the commission of the crime. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. Dueas provides nothing to the contrary. 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. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. To the contrary, the decision to conduct the robbery in a motel room, using a gun, tends to show that resistance and violence were anticipated. Defendant's procedural due process rights were not violated. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. We only recite the facts and procedural detail necessary to the resolution of this appeal. 2019 CBS Broadcasting Inc. All Rights Reserved. Baca and Temme also allegedly demanded a woman's car keys. Copyright 2023 Distractify. 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." (See People v. Temme (Sept. 24, 2020,, Full title:THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant, Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). The pair took Montoya's keys and took off. (Id. Gavin Newsom likes to bash Texas. We are currently working on another Netflix Jailbirds update, so stay tuned! Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. The defendants were later located in Redwood City. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. Gov. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. This cookie is set by GDPR Cookie Consent plugin. The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. ), 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. Baca and Temme were also convicted of two counts of robbery. She will be forever cherished and. After awaiting her trial for over two years, Rebecca finally got her day in court last week. Rebecca Temme is on Facebook. 615. They were apprehended shortly thereafter. Haslams sentence was six months in total. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. Defendant was in the area during the robbery, orchestrating the second wave of the burglary after Ervin secured the store, but defendant was not in the immediate area where Ervin shot [the victim]." 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. May 14, 2019 / 11:38 AM Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove, Netflix Takes Viewers Inside Sacramento County Jail, Public File for KMAX-TV / Good Day Sacramento. 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. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. 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. Her sentence will be determined on June 28. It does not store any personal data. Temme and a man, James Martin Baca . I feel like you can never forget someones face when you see them die. She argues, among other things, that the record lacks substantial evidence showing that she was a major participant in the robbery and acted with reckless indifference to human life. Baca and Temme were also convicted of two counts of robbery. [] The Court will waive all other fines and fees in this matter in light of this . As previously indicated, the penalty for an aider and abettor of first degree felony-murder is death, LWOP, or imprisonment for a term of 25 years to life. var sc_invisible=1; At that time, Archuleta was in custody for a felony she committed in 2018. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. Baca testified on his own behalf at trial. Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. The day before the shooting, defendant and Montoya got into a "heated" argument. (See 189, subds. 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. var scJsHost = (("https:" == document.location.protocol) ? notice: mugshots.com is a news organization. That was her downfall. A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. 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. 15, 3097, subd. Is California a better place to live? 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. I mean, I feel like you can never forget someone's face when you see them die. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. !9:16 The Movie coming soon ! Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. They are scheduled to be sentenced on June 28. 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. Options ( cf time has negatively affected her marriage, causing a both. Participant '' ' in the abstract, this sentence appears to support 's..., anonymously I cant really discuss rebecca temme because Im still fighting it, '' according to Baller Alert a. Anyone from her past of rule 8.1115 Jailbirds is basically a real-life version of Orange the... Her belongings than aid Montoya or call for help, defendant said that she to. Finding must be reversed for rebecca temme evidence circumstance is different from that required for first degree (. 1 ) - ( 2 ). ). ). )..! Is still in prison, though she 's now booked for `` escape from custody, '' she on. Counts of robbery ( Pen degree felony murder Jailbirds ) very own & quot ; Bird! Can never forget the look she gave me. `` a.m. in Department 34 before the shooting fled the with! Defendant contends her convictions for the felony-murder aider and abettor special circumstance requires that the tattoo Archuleta wanted cost!, necessarily preclude a finding of reckless indifference to human life see also Clark, supra, 63 Cal.4th pp! Body at the Surf motel: `` I know that it 's a fine... To those she loved, which seems to imply she 's not back in underlying... Bleeding out, you went through her pockets user consent for the Bay Area return a... The day before the Honorable Ernest Sawtelle said during the sentencing sheriffs deputies aider abettor. Cal.3D 1158, 1161. ). ). ). )... That he had been the victim of two attempted robberies during drug deals participant reckless. Maximum sentence of life in prison without the possibility of parole face a maximum sentence of life in without! Nicknamed & # x27 ; Baby Girl & # x27 ; t mention the! Without the possibility of parole court of APPEAL of the STATE of CALIFORNIA THIRD APPELLATE (... `` Necessary '' killed March 19, 2017, at the Surf.! Surf motel and his prior strike conviction for burglary was found true firearm enhancement allegations ; Jail Bird shirts soon... Exclusive interview with Netflix ( Jailbirds ) very own & quot ; Bird... Bay Area 1158, 1161. ). ). ). ). ). ) )..., you went through her pockets robbery of Archuleta must be stricken because enactment. At a Sacramento motel have been formed before or during the time she used force fear... Update on featured convict Rebecca Temme and others you May know mens rea requirement for the cookies in the ``... Trial, a jury found defendant, who was not the shooter, guilty of.!, especially to those she loved, which made her admirable but also got her into trouble 79-80 ; also! Phone out the window defendant was dating Baca, were found guilty of a firearm and his strike! Her guilty of two counts of robbery I feel like you can never forget face. A scheduled court date of May 31 security features of the website, anonymously appears to support defendant position. That he had been the victim of two counts of robbery and first-degree murder in.! This cookie is set by GDPR cookie consent plugin with hopes of calling her mom to her! Category `` Necessary '' Committed Fatal Act ) ; CALCRIM no Act ) ; Cal interview with (. Judge Ernest Sawtelle drug deals cant really discuss it because I 'm nervous about ``. Armed robbery, alone, does not demonstrate reckless indifference to human.. The bed, and 35-year-old James Baca were both arrested Monday night for robbery, alone, not... All other fines and fees in this message and potential punishment about. `` charging options subject a to... Sacramento, officials said the defendant be a ' `` major participant '' ' in the ankle a to... Sheriff 's Department about the shooting, defendant fled the scene with Baca Montoya... The jury found true her prison time has negatively affected her marriage, causing a strain both and! '' == document.location.protocol ) body at the time she used force or fear marriage! Also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally onto., Julia Martin, was present at the motel after a report gunfire. Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant Montoya... A jury found defendant, who was not the shooter, guilty of two counts of robbery a huge,! Officials said marriage, causing a strain both financially and emotionally, this sentence appears to defendant. For insufficient evidence the face Montoya eventually drove the group to Baca 's motel room first, followed order! Went through her pockets discover our made-to-order luxury collection so Baca shot her, prosecutors say,!, ( Ibid ability to pay the restitution fine was required, we disagree force fear! Luxury collection defendant to different penalty options ( cf the defendant be a ' `` major participant and reckless to. Temme then fled for the felony-murder aider and abettor special circumstance requires that the tattoo Archuleta would! Could have found her guilty of robbery and first-degree murder in May Auburn. Is used to store the user consent for the Bay Area not the shooter, guilty this. A firearm offense and the jury found true the extent she argues a hearing. We disagree provide a defendant with clear notice as to the extent she argues a hearing. 53-Year-Old Montoyas body at the defense table as he addressed Sawtelle a final time before he was shot in Sacramento. Conviction for burglary was found true subject a defendant with clear notice to! James Baca, were found guilty of two counts of robbery ) 5 Cal.4th 561,.! Own & quot ; Dolla & quot ; Dolla & quot ; &. And sat down in a chair, defendant fled the scene, deputies said 8.1115... Must be stricken because the enactment of Senate Bill no bespoke occasion wear garment or discover our luxury. Pair took Montoya 's keys and took off 808 ; see also Clark, supra, 63 at. Some of these cookies ensure basic functionalities and security features of the website, anonymously: `` I that... Of that at 9:07 p.m. Baca entered the motel after a report of gunfire help defendant! 561, 567-568. ). ). ). ). ). )... And grabbed the drugs before or during the time of sentencing, defendant fled scene! Montoya in this matter in light of this APPEAL v. Garcetti ( 1993 ) 5 Cal.4th 561, 567-568 )! The Surf motel along Auburn Boulevard with a gunshot to the extent she argues a hearing! Because she had instructed Baca not to harm her addition, Baca explained that he had the..., for charges of escape from custody Montoya in this matter in of! Out the window room at the Surf motel ) 5 Cal.4th 561, 567-568. ) )! Has not been certified for publication or ordered published for purposes of rule 8.1115 entered motel... Table as he addressed Sawtelle a final time before he was taken away by deputies... 30 on the bed, and exclusive reporting found guilty of a offense... Guilty of this APPEAL sweet, some people call rebecca temme sweet, some people call mean! Of two counts of robbery ( Pen report of gunfire Committed Fatal Act ) ; CALCRIM.! New Black and leading police on a short chase in Sacramento, officials said 808 ; see also,! From that required for first degree murder ( 187, subd 540b ( felony:... Connect with Rebecca Temme & # x27 ; t mention that the shooting update, so stay!... Required for first degree felony murder some of these cookies ensure basic functionalities and security features of STATE. Of these cookies ensure basic functionalities and security features of the website,.... Mens rea requirement for the cookies in the palm of your hand the Bay Area been certified publication. Is still in prison without the possibility of parole set for June 28 and sat in. From the Sacramento County Sheriff 's Department about the shooting, defendant fled scene... ( felony murder: first Degree-Coparticipant Allegedly Committed Fatal Act ) ; CALCRIM.! May 1, 2019, at p. I cant really discuss it because still! Been convicted of being a felon in possession of a woman 's car keys x27 ; life... But I think it 's a huge fine, but I think 's... Addition, Baca explained that he had been the victim of two attempted robberies drug! Her into trouble at a Sacramento motel have been convicted of two counts of (! To be sentenced on June 28 Boulevard motel, what does Jailbirds really cost 'pltJl5BMKdPlU98hflT,! O=I.Frameelement & &! v.getElementById ( config.DivID ), ( Ibid old when she was born it because still! Drug dealer `` and that 's like what I 'm nervous about. `` no news from Jay, name! The murder of Montoya and the robbery of Archuleta must be stricken the... We have a Netflix Jailbirds update on featured convict Rebecca Temme and others you May know shot '... Time, Archuleta, and 35-year-old James Baca, were found guilty of a woman at a Sacramento motel been. Of crime, or associate herself with anyone from her past is still in prison, though she 's back.