First published on June 28, 2019 / 4:36 PM. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. (Clark, supra, 63 Cal.4th at pp. Ant-Man and The Wasp: Quantumania. He denied that the shooting occurred during a robbery of Montoya and Archuleta. Bacas criminal history includes convictions for assault with a deadly weapon; possessing dangerous weapons; destroying or concealing evidence for the benefit of a street gang; battery against a peace officer; possession of dirk or dagger; threatening a public officer; and domestic violence. The DA's office also adds that Rebecca has a longer rap sheet. When Ms. Montoya didnt comply, Baca shot her. Squeak from Fort greene #Brooklyn describes his time being the only new york city inmate in a deadly #Neworleans #jailListen to his mixtape "Squeak" till dea. She is still serving out her sentence. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. 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. Please enter valid email address to continue. 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. Crystal was a lifelong resident of St. Bernard Parish. 17FE005228). (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) While on the show, Temme revealed that both of her parents were 13 years old when she was born. . 1600 [Robbery].) ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' 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].). We disagree. " 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' . Defendant went by the nickname "Baby Girl.". Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. Deputies later found Montoya with a fatal gunshot wound to the head. Leonora Montoya, Martin said. 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. Temme, as well as her co-defendant, are facing a. TV Shows. Also a reasonable inference is that defendant told Baca to harm Montoya. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. At Baca's direction, defendant drove to the San Francisco Bay Area. But opting out of some of these cookies may affect your browsing experience. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. During her time serving out her sentence, she started a romantic relationship with Daniel Dolla Carter, through conversations shared through the toilet pipes, surprisingly enough. The suspects were captured after crashing the vehicle and running. This timely appeal followed. at pp. 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. Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." Real-time updates and all local stories you want right in the palm of your hand. Jailbirds captured the hearts of Netflix viewers with an in-depth look into the inner workings of the Sacramento County Jail, and a wild cliffhanger after its release on May 10. " (Id. We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' Fuck her." Both will soon spend the rest of their lives behind bars. ' [Citation.]" rebecca temme in california unsorted. 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. ( 190, subds. ), Applying the foregoing factors, the Clark court vacated robbery-murder and burglary-murder special circumstance findings where the defendant was "the mastermind who planned and organized the attempted robbery and who was orchestrating the events at the scene of the crime." Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. . 618-623.) (Ibid. The cookies is used to store the user consent for the cookies in the category "Necessary". ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. The statutes give notice to a defendant that if he or she aides and abets an enumerated felony (including robbery) that results in death, he or she could be subjected to a sentence of 25 years to life, LWOP, or death. 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." ( 188, subd. June 28, 2019 / 4:36 PM As modified, the judgment is affirmed. Your order will be handmade in London, just for you. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com "; and (5) " 'What did the defendant do after lethal force was used?' [Citation.]" Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. 536-538, 613. / CBS Sacramento. vioptional3: '', The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. 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 . . "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' In response, Baca said that he did not want to have sex with defendant, explaining that he did not "love her like that" and would not disrespect Montoya. 1015, 4), when the defendant or an accomplice killed someone during the perpetration of or attempt to perpetrate certain enumerated felonies, including robbery, the defendant was liable for first degree murder under the felony-murder rule. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. I mean, I feel like you can never forget someone's face when you see them die. Moreover, contrary to defendant's contention, the prosecutor's discretion to select the charge against a defendant does not render the felony-murder special circumstance enhancement unconstitutional for arbitrary enforcement purposes. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. 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. [] '(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.' SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. The statutes are not vague as to notice and defendant does not argue otherwise. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. "https://secure." Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? 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. 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. 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. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. Im a soldier, straight up., 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.. All Rights Reserved. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." She has a scheduled court date of May 31. . [] '(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. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). "Murder is the unlawful killing of a human being . Rebecca Temme is on Facebook. We have a Netflix Jailbirds update on featured convict Rebecca Temme. The pair took Montoya's keys and took off. The next morning, Montoya hung out with her friend, Katherine Archuleta. "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. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. 1056.) She got shot execution style. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. Its one of the most callous things Ive ever heard, Sawtelle said. When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. (Clark, supra, 63 Cal.4th at pp. 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]. [] The Court will waive all other fines and fees in this matter in light of this . Leonoras daughter, Julia Martin, was present at the sentencing. 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. I cant really discuss it because Im still fighting it. Prior to sentencing, the probation officer filed a report stating that defendant had no income and no source of income but recommending the trial court impose various fines and fees, including the maximum restitution fine of $10,000 under section 1202.4, subdivision (b). at p. These different charging options subject a defendant to different penalty options (cf. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. (Ibid.) (Andreasen, supra, 214 Cal.App.4th p. Please allow 21 days to receive your order. After the teller recognized Hawkins she left the bank, and was found in a stollen car. Duarte, J. Montoya then reached toward her right side and started to stand up. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. Both defendants face a maximum sentence of life in prison without the possibility of parole. (Id. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. "); "I can't really discuss it because I'm still fighting it," she went on. 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' An autopsy revealed that she died of a single gunshot to the head. In Banks, the court concluded that the defendant was ineligible for the death penalty because the record established he was "no more than a getaway driver."