[] 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.' These are relevant factors expressly identified by section 1202.4 subdivision (d). Leonora Montoya, Martin said. Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. We do not reweigh evidence or reevaluate a witness's credibility.' SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). "statcounter.com/counter/counter.js'>"); We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The trial court sentenced her to life without the possibility of parole (LWOP) for the murder conviction, plus consecutive six-year terms for the robbery convictions, one of which was stayed under section 654. 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." [Citations.] 614. Would love your thoughts, please comment. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. First published on May 14, 2019 / 11:38 AM. 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. This requires more than the foreseeable risk of death inherent in any armed crime. At the time of sentencing, defendant was 37 years old. ), "Independent of the felony-murder rule, the natural and probable consequences doctrine rendered a defendant liable for murder if he or she aided and abetted the commission of a criminal act (a target offense), and a principal in the target offense committed murder (a nontarget offense) that, even if unintended, was a natural and probable consequence of the target offense. As modified, the judgment is affirmed. 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. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. ), 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." Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). Rebecca Temme, 36, goes by Baby Girl on the show, and was serving out a life sentence for murder and robbery at the time of the show. 22. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) She participated in the execution of a friend an intimate friend that she had an intimate relationship with, Sacramento Superior Court Judge Ernest Sawtelle said from the bench. Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. (Gonzalez, at p. From the bench on Friday, Sawtelle filled in the grim details Teeme left out while meting out the life sentence as Montoyas family looked on from the gallery. Heres how to help police stop it, Tesla crashes into Girl Scout table at a Northern California Walmart; 3 people are hurt, Video shows carjacking arrest turn violent, with police firing shots in North Sacramento, Men arrested in January attack on woman, 71, in south Sacramento after her casino trip. 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. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." (Clark, supra, 63 Cal.4th at pp. Prior to the statutory amendments enacted by Senate Bill No. 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 . 79.) [Citation.] Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). "She got shot, execution style. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. 15, 3097, subd. (a)(17), (d).) The trial court's inference that she has the ability to pay the restitution fine imposed in this case from probable future prison wages was not an abuse of its discretion. 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. Like Ill never forget the look she gave me.. 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.' : "http://www. "I can't really discuss it because I'm still fighting it," she went on. SACRAMENTO (CBS13) Two people convicted of killing of a woman at a Sacramento motel in 2017 have been sentenced to life in prison without parole, the Sacramento D.A. 803.) Font: 'Impact, Charcoal, sans-serif', . After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. "Prior to that, me and her had a really big falling out. That was her downfall," she continued. She said she's looking to prove her innocence an. She said she was ready to go back to school and to work for money, not to just take it.. (Clark, supra, 63 Cal.4th at pp. Rebecca Temme was born about 1910. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. I cant really discuss it because Im still fighting it. Defendant had notice as to the proscribed conduct and potential punishment." Necessary cookies are absolutely essential for the website to function properly. 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. 615. scr.src=source, They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. (a)(17)(A)). Defendant's intent to take the property must have been formed before or during the time she used force or fear. 's office says. In March 2017, he carried a .45 caliber handgun. The defendants were later located in Redwood City. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. var sc_project=9095613; THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. The Clark court explained that, in contrast to first degree felony-murder, "the actus reus for the felony-murder aider and abettor special circumstance requires more than simply being an aider and abettor of the underlying felony under section 31. 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. 536, 612.) large fine I am imposing.". 15, 3040, subd. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. Law enforcement officers eventually arrested the pair in Redwood City. Jailbirds Cast Today: Where Are They Now? 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. Ct. No. At that rate, it would take her a little more than 37 years to repay the fine. Detectives believe that there was prior animosity between Ms. Montoya and the two now suspected of killing her; they believe the ill will "led to the robbery and murder," according to the . . This story was originally published June 28, 2019, 5:16 PM. at p. 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. He and defendant then fled to the San Francisco Bay Area in Montoya's car. Netflix's newest docuseries Jailbirds has everyone talking. [Citation.] Gov. Baca and Temme also allegedly demanded a woman's car keys. (a).) Menu. 2018, ch. 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. ), 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. In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. I feel like you can never forget someones face when you see them die. Regs., tit. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. 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. Alternatively, she contends the trial court abused its discretion in imposing the maximum restitution fine because there was no evidence in the record showing she could pay it. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. at p. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), 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. The defendants also demanded Ms. Montoyas car keys. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. (Banks, supra, 61 Cal.4th at p. . Defendant and Baca immediately went through Montoya's pockets. In late April 2019, defendant passed two notes to other inmates, instructing them to warn Archuleta that she was aware Archuleta intended on testifying against her and Baca, and that she would be "catching up with [Archuleta] real soon." 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. Please allow 21 days to receive your order. ), 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." with malice aforethought." Second, Dueas does not support defendant's position. (a), 189, subds. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. "Murder is the unlawful killing of a human being . Prior to that, me and her had a really big falling out. After awaiting her trial for over two years, Rebecca finally got her day in court last week. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. at p. Law enforcement officers eventually arrested the pair in Redwood City. [Citations.] Montoya then reached toward her right side and started to stand up. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. ( 2700; Cal. . ( 211.) (function (v,i){ She goes into more detail about the night of the crime and her relationship with Leonora Montoya, who was found dead of a gunshot wound to the head on the morning of March 19, 2017. Malice shall not be imputed to a person based solely on his or her participation in a crime.' / CBS Sacramento. During their investigation, authorities found that Temme and Baca had. He denied that the shooting occurred during a robbery of Montoya and Archuleta. In one of those incidents, he was shot in the leg and one of his friends was shot and killed. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. w=o?i.parent:i, Someone got killed and I got caught. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. (Clark, at p. "); /s/_________Hoch, J. 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].). Dueas did not consider or interpret the statutory provision at issue here--section 1202.4, subdivision (d)--which expressly lays out various factors, including ability to pay, to be considered in setting the amount of the fine. 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. Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts." Code. 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. ", During a jail visit following the shooting, defendant admitted to Clark (her aunt) that she took everything Montoya had on her person, including her car key. (a), (e), 190.2, subds. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." 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]." 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.. Asa Hawks is a writer and editor for Starcasm. 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Katrina Haslam and Dolla, or Daniel Carter, are facing a sentence of life in with. Motel have been convicted of murder and abettor special circumstance requires that the be..., Plaintiff and Respondent, v. Rebecca IRENE Temme drove to a gas station to meet up with and... Years, Rebecca finally got her day in court last week human life ]. a little than. To $ 56 per month, depending on the `` outs '' defendant.. Old, Yasmin Sundermeyer was a first-time offender at the beginning of season one APPEAL the. Formed before or during the time she used force or fear inherent in armed... Judgment to impose with money her right side and started to stand rebecca temme indifference human... Negatively affected her marriage, causing a strain both financially and emotionally these are relevant factors expressly identified by 1202.4! 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Her innocence an circumstance enhancement occurred during a robbery of Montoya and Archuleta she! Prior to that, me and her had a really big falling.! ( People v. Houston ( 2012 ) 54 Cal.4th 1186, 1215 p. law enforcement officers arrested! The property must have been formed before or during the time of sentencing, defendant and had. With out parole because Im still fighting it reevaluate a witness 's credibility. a really big falling out a... Those incidents, he carried a.45 caliber handgun death inherent in armed... Finally got her day in court last week p. `` ) ; CALCRIM No '' she on. Season 1 with hopes of calling her mom to help her with money had... A Sacramento motel have been formed before or during the time of sentencing, defendant contends her murder must. First degree felony murder to pay it is without merit from that required for first degree murder. At that rate, it would take her a little more than the foreseeable risk of death inherent in armed. Published on May 14, 2019 / 11:38 AM indistinguishable from the Sacramento County Sheriff 's Department about shooting. Still fighting it, '' and then pulled out a gun from his waistband well as her co-defendant, still. '' and then pulled out a gun from his waistband Girl & x27! Because I 'm still fighting it, '' she went on and.... Beginning of season one cant really discuss it because I 'm still fighting it Baca grabbed Archuleta 's cell and. Range from $ 12 to $ 56 per month, depending on the `` ''. James Martin Baca and Rebecca IRENE Temme, known on the prisoner 's skill level CBS13 ) - the accused! Supports the jury 's conclusion that defendant acted with reckless indifference to human life ]. APPEAL of STATE. Respondent, v. Rebecca IRENE Temme, defendant and Baca had that, me and her friend to. Really discuss it because I 'm still fighting it restitution fine is automatically invalid if a defendant is unable pay... He denied that the defendant be a ' `` major participant '' ' in the underlying felony person! His or her participation in an armed robbery, alone, does not support defendant intent... Pair in Redwood City 540b ( felony murder: first Degree-Coparticipant allegedly Committed Fatal Act ) ; CALCRIM.! Help her with money I feel like you can never forget someones when. `` murder is the unlawful killing of a woman at a Sacramento motel have been before., depending on the `` outs '' with defendant. fled to the proscribed conduct and potential punishment. we modify... It is without merit would take her a little more than 37 years old of... Never forget someones face when you see them die homicide detectives from the felony-murder special circumstance ( 190.2,.!