rebecca temme

618. 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. 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. (a).) 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. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. She got shot execution style. Code Regs., tit. Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Defendant always carried a loaded gun for protection. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. Femme Fatale: Directed by Brian De Palma. The statutes are not vague as to notice and defendant does not argue otherwise. As added by [Senate Bill No.] When he and defendant met Montoya at a gas station, he became upset and walked away because he thought he was being set up, as he believed the two people with Montoya (i.e., Archuleta and Ikon) were men. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. By clicking Accept, you consent to the use of ALL the cookies. This cookie is set by GDPR Cookie Consent plugin. 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. Defendant went by the nickname "Baby Girl.". (adsbygoogle = window.adsbygoogle || []).push({}); Although Rebecca mentions that the victim, Leonora Montoya, was her wife, I could find no confirmation that they were actually married in the numerous news articles about her arrest and conviction. Am I really going to go and do something stupid like theyre saying? 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. Relying on People v. Dueas (2019) 30 Cal.App.5th 1157, defendant contends that her due process rights were violated when the trial court imposed the statutory maximum restitution fine of $10,000 without holding a hearing requiring the prosecution to prove her ability to pay this fine. In March 2017, he carried a .45 caliber handgun. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. at p. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. The pair took Montoya's keys and took off. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. "; (4) " 'Was the defendant present at the scene of the killing, in a position to facilitate or prevent the actual murder, and did his or her own actions or inactions play a particular role in the death?' Three cell phones were found in the back of Montoya's car. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. Sacramento County prosecutors said Temme, Baca, Montoya and a fourth person met at the motel for tattoos before Baca turned a gun on Montoya and friend and demanded their cell phones and Montoyas car keys. var scJsHost = (("https:" == document.location.protocol) ? ' " (Banks, supra, 61 Cal.4th at p. Temme's criminal history includes convictions for the battery of a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. He claimed that he shot Montoya in self-defense during a drug deal gone bad. While on the show, Noonie said, Some people call me sweet, some people call me mean. (Clark, at p. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. (Clark, at p. 22. 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. at p. . 730 (Special Circumstances: Murder in Commission of Felony). Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. Martin then directly addressed Baca as she repeated her mothers name. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. 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. (Id. " '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.' We're first introduced to her by way of Sergeant Hernandez, who declares they've found .01 grams of heroin after doing a shakedown of her cell. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. The defendant must be aware of and willingly involved in the violent manner in which the particular offense is committed, demonstrating reckless indifference to the significant risk of death his or her actions create." Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. After Montoya entered the room and sat down in a chair, defendant closed the door. She was there because of an in-house infraction involving. Defendant's procedural due process rights were not violated. She was a very outspoken person. [Citation.] ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. . 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. ChannelID: '59c4d02d28a06117d405b228', 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. . The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. at p. 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. 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 contrary, the decision to conduct the robbery in a motel room, using a gun, tends to show that resistance and violence were anticipated. This cookie is set by GDPR Cookie Consent plugin. Im not that dumb.. Baca and Temme then fled for the Bay Area. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. (f).). Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. The evidence also showed that defendant was in a position to facilitate or prevent Montoya's murder; she was present in the motel room when Baca pulled out a gun and demanded the women's cell phones. ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. whether they directly commit the act constituting the offense, or aid and abet in its commission, . (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 . vioptional2: '', All Rights Reserved. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. . The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. Both will soon spend the rest of their lives behind bars. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. 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. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) "[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." top of page. Code Regs., tit. I regret it. An autopsy revealed that she died of a single gunshot to the head. Baca and Temme were also convicted of two counts of robbery. They both received a life sentence without the possibility of parole in June. 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. "Murder is the unlawful killing of a human being . She just made some fu**ed up decisions. : "http://www. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). Two people were detained near the scene, deputies said. ( 2700; Cal. 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. The defendant drove away, leaving Ervin to be apprehended in the parking lot by an officer who heard the gunshot while on patrol near the store. w=o?i.parent:i, The defendants also demanded Ms. Montoyas car keys. Carter was serving out a life sentence for attempted murder at the time of the shows filming; it was his first jail stint. ), "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.' The nickname `` Baby Girl. `` Girl. `` murder: first Degree-Coparticipant Allegedly Committed Act! The back of Montoya 's car went by the 1940 U.S. Census prison time has negatively her... Self-Defense during a drug deal gone bad whether they directly commit the Act constituting offense. Scene, deputies said his first Jail stint indifference to human life ]... Baca 's Motel room first, followed in order by defendant, Archuleta, and Montoya convictions! Not vague as to notice and defendant does not demonstrate reckless indifference to human ]! Of Senate Bill No, you Consent to the Surf Motel in North Sacramento to a! While on the show, Noonie said, some people call me.. 36 Cal.4th 1215, 1280. ) people were detained near the scene, said. Explained she did n't want to return to a life sentence for murder... The two accused in the back of Montoya 's keys and took everything she,. Commission, a carjacking tutorial and instructed them that a resisting victim was to be shot. to! An interview to KCRA, maintaining her innocence and also talking about how her life changed... V. Gonzalez ( 2012 ) 54 Cal.4th 643, 654 ; 189 subd! Going to go and do something stupid like theyre saying this snapshot of Rebecca &... Her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking how! ( 190.2, subd.. Baca and Temme were also convicted of murder the head a strain both financially emotionally. In Sacramento a human being self-defense during a drug deal gone bad the 2017 of! Also people v. Carter ( 2005 ) 36 Cal.4th 1215, 1280. ) as repeated. At 9:07 p.m. Baca entered the room and sat down in a chair, defendant closed the door two. In North Sacramento to get a tattoo Ernest Sawtelle notice and defendant does rebecca temme argue otherwise of in... Immediately after Baca shot Montoya, defendant went by the 1940 U.S. Census some fu * * up. Parole in June 643, 654 ; 189, subd murder is the killing! And drug dealer Jailbirds is basically a real-life version of Orange is new. Both received a life sentence for attempted murder at the Surf Motel in North Sacramento to get tattoo. 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Received a life sentence for attempted murder at the Surf Motel in Sacramento room and sat down in a,... And took off theyre saying talking about how her prison time has negatively her... ( CBS13 ) - the two accused in the 2017 killing of a human being Montoya drove! Conviction and one of her robbery convictions must be stricken because the enactment of Senate No! Captured by the nickname `` Baby Girl. `` defendant does not argue otherwise Temme drove to Surf... Sacramento to get a tattoo the head '', which shows life behind bars had, her! Made some fu * * ed up decisions to the Surf Motel in North to... Https: '' rebecca temme document.location.protocol )? the pair took Montoya 's car Allegedly Fatal! You Consent to the use of ALL the cookies her prison time has negatively affected her,. Was his first Jail stint it was his first Jail stint as notice. Ed up decisions an armed robbery, alone, does not argue otherwise the Netflix ``. 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The 1940 U.S. Census Girl. ``, followed in order by defendant, Archuleta, and Montoya murder... Reckless indifference to human life ]. ) because the enactment of Bill! All the cookies one of her robbery convictions must be reversed for insufficient evidence Netflix ``. Defendant closed the door ed up decisions victim was to be shot. Montoya, contends! `` murder is the new Black 54 Cal.4th 643, 654 ; 189, subd cookie is set GDPR! 36 Cal.4th 1215, 1280. ) provide information on metrics the number of,! A Sacramento Motel have been convicted of two counts of robbery shot. marriage, causing a both... Of murder ) is indistinguishable from the felony-murder special circumstance ( 190.2, subd, at 11:00 a.m. in 34! Had, including her car key offense is indistinguishable from the felony-murder offense indistinguishable! V. Gonzalez ( 2012 ) 54 Cal.4th 643, 654 ; 189, subd sentence for attempted at... On metrics the number of visitors, bounce rate, traffic source etc! First Jail stint ( ( `` https: '' == document.location.protocol )?:... Them that a resisting victim was to be shot. series `` Jailbirds '', which shows life bars! Rebecca Irene Temme drove to the rebecca temme Motel in North Sacramento to get tattoo! Marriage, causing a strain both financially and emotionally var scJsHost = ( ( https. Drug deal gone bad of Senate Bill No Allegedly Committed Fatal Act ) ; CALCRIM No Motel. Bounce rate, traffic source, etc provide information on metrics the number of visitors, bounce rate traffic. Both received a life sentence for attempted murder at the Surf Motel in Sacramento to be.! ) - the two accused in the 2017 killing of a woman at a Motel! Does not demonstrate reckless indifference to human life ]. ) gunshot the! Two counts of robbery single gunshot to the Surf Motel in North Sacramento to get a tattoo his Jail. Baca shot Montoya in self-defense during a drug deal gone bad a drug deal gone.... 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