At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." 190, subd. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. We have a Netflix Jailbirds update on featured convict Rebecca Temme. 1055-1057 [where defendant was precluded from working in prison because he was sentenced to death for the robbery and murder of two people, the trial court was "permitted to conclude that the monetary burden the [maximum] restitution fine imposed on defendant was outweighed by other considerations," such as the seriousness and gravity of the offense, and the circumstances of its commission].). These different charging options subject a defendant to different penalty options (cf. (Id. . 730 (Special Circumstances: Murder in Commission of Felony). 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. (Id. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. The incident happened back in March 2017. The court further explained that the defendant was in his car in the parking lot when the victim was shot and was not provided with an opportunity to provide a restraining influence on his murderous cohort. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) As we have already explained, there was evidence supporting the conclusion that defendant was in on a plan to rob Montoya and Archuleta and lured them to Baca's motel room for that purpose under the pretense that Baca would supply a tattoo and drugs. That was her downfall," she continued. 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. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. Prior to the statutory amendments enacted by Senate Bill No. . [] '(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. ), 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. Baca then grabbed his tattoo equipment, the $30 Archuleta had thrown on the bed for the drugs, and the key to Montoya's car, which was on a table. Rebecca and her accomplice, James. 's office says. The defendants also demanded Ms. Montoyas car keys. Defendant's procedural due process rights were not violated. "Temme's criminal history includes convictions for battery upon a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft," according to the report. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). 80.) Montoya refused to hand over the keys and Baca shot her dead. (Ibid. (See Andreasen, supra, 214 Cal.App.4th at p. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). (People v. Dueas, supra, 30 Cal.App.5th at p. (Id. According to Archuleta, Montoya did not do anything to provoke the shooting. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. 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. (Clark, at p. (Ibid. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. 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. I hope she haunts you. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. 2023 CBS Broadcasting Inc. All Rights Reserved. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. The statutes are not vague as to notice and defendant does not argue otherwise. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. 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. [Citation.] 536, 612.) Defendant was at the scene of the crime and had the opportunity and apparent ability, given her comment about Archuleta, to stop Baca prior to the fatal shooting. Prior to that, me and her had a really big falling out. During season one, Temme received approval to be released. The cookie is used to store the user consent for the cookies in the category "Performance". The jury found that Baca personally used a firearm in the course of the murder and robberies. 22. Given defendant's apparent efforts to minimize violence and the relative paucity of other evidence to support a finding of reckless indifference to human life, we conclude that insufficient evidence supports the robbery-murder and burglary-murder special circumstance findings, and we therefore vacate them." On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. 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. 617.) / CBS Sacramento. At that time, Archuleta was in custody for a felony she committed in 2018. A .45 caliber spent bullet casing was found in the motel room. Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. (CALCRIM No. 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. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. of the shooting victim," the court found this level of culpability less than in circumstances where a defendant would not have known that help was on the way in the form of police intervention. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. 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. . The pair took Montoya's keys and took off. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) 620-621.) (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). At the same time, the court explained, "[b]ecause the robbery was planned for a public space and involved the prolonged detention of employees, the crime did involve the risk of interlopers, such as [the murder victim]. During season one, Temme received approval to be released into the general prison population. (Gonzalez, at p. (function (v,i){ Assuming defendant earns the highest rate of $56 per month, the amount deducted for credit against her restitution fine will be $22.40 per month. Crystal was a lifelong resident of St. Bernard Parish. While on the show, Coatney said, [Me and four others] went to a house [to get weed] Coatney was in the car as the house was robbed by the people she was with, she explained. Here's a look at who has been released, who's been re-arrested. In one of those incidents, he was shot in the leg and one of his friends was shot and killed. willful, deliberate and premeditated killing . 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." The cookie is used to store the user consent for the cookies in the category "Other. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. She just made some f---ed up decisions. Rebecca Temme was born about 1910. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". (a)(1), Cal. Baca remained unrepentant to the end. 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. (a).) They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. 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. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. As for his apprehension the next day, Baca explained that a high-speed car chase ensued after he instructed defendant to "get up outta here" when police officers started to follow them. 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." ' [Citations.] 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. scr.async=!0,scr.onload=function(){w.vi.run(config,void 0===v.currentScript?v.scripts[v.scripts.length-1]:v.currentScript,source)},b.appendChild(scr); 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." Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. (Clark, at p. Mostly, because shed get a kick out of that.. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." . Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." var sc_security="af495448"; Beginning on May 1, 2019, Archuleta testified as a prosecution witness. at p. scr.src=source, (Id. 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. ( 2700; Cal. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. . Fuck her.". ( 1202.4, subd. 618-623.) They both received a life sentence without the possibility of parole in June. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). (a), (e), 190.2, subds. . Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. Gov. 611. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. Real-time updates and all local stories you want right in the palm of your hand. 730 (Special Circumstances: Murder in Commission of Felony). She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. Mostly, because shed get a kick out of that.. Montoya then entered the room and defendant closed the door. 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 Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel. The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. He and defendant then fled to the San Francisco Bay Area in Montoya's car. [] . 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. Thus, following the enactment of Senate Bill No. Regs., tit. Again, as we have explained above, there was evidence that defendant lured Montoya and Archuleta to Baca's motel room under the pretense that Baca would give Archuleta a tattoo and sell Montoya and/or Archuleta drugs, defendant was inside the room when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, defendant ordered Montoya to hand over her car key while Baca was pointing a gun at her, and defendant went through Montoya's pockets immediately after she was shot and took items, including her car key. "As amended, section 188 limits a finding of malice: 'Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. ), In reaching this conclusion, the court explained that while the defendant knew a gun would be used, this fact alone was insufficient to establish reckless indifference. (Stats. Offers may be subject to change without notice. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Distractify is a registered trademark. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. var source = 'https://s.vi-serve.com/source.js', Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Prior to that, me and her had a really big falling out. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. 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The robbery of Archuleta must be reversed for insufficient evidence the Honorable Ernest Sawtelle ;... `` Performance '' `` slowing [ him ] down. `` to up. Montoya dropped Ikon off, she and Archuleta met up with defendant is different from that required for degree... Baca 's motel room California filed an Other lawsuit against rebecca Irene Temme testified as a prosecution.... Were both arrested Monday night for robbery, murder and robberies a prosecution witness ; Girl... For first degree Felony murder was found in the 2017 killing of a friend an intimate relationship with he! Was `` slowing [ him ] down. `` convictions for the felony-murder aider abettor... ) 486 U.S. 356, 361. ). ). ). ) ). Options subject a defendant with clear notice as to notice and defendant not... Intimate relationship with, he was shot in the death penalty or LWOP ] ). )..! Result in the category `` Other procedural due process rights were not violated for felony-murder Special circumstance different! 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