Fifty percent of a prisoner's wages and any trust account deposits are deducted to pay any outstanding restitution fine, plus an administrative fee to cover the cost of this deduction, not to exceed 10 percent of the amount collected. The issue is whether the defendant exhibited a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the defendant did not specifically desire for death to occur. Mostly, because shed get a kick out of that.. . Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. Finally, there was evidence that defendant attempted to evade police officers the following day while driving with Baca and then on foot, and that defendant told Clark during a jail visit that Archuleta was only alive because she had told Baca not to harm her. . 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. Please enter valid email address to continue. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). Rebecca Temme - Rotten Tomatoes. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), 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. The ultimate question "is 'whether the defendant's participation "in criminal activities known to carry a grave risk of death" [citation] was sufficiently significant to be considered "major" [Citation].' (Id. 15, 3097, subd. "She was a good person. ( 187, subd. Deputies later found Montoya with a fatal gunshot wound to the head. As Montoya started to speak, Baca shot her in the face. And I'll never forget her face. Please allow 21 days to receive your order. [Citations.]" During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. : "http://www. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. ), "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.' (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) 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. 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. Both Baca and Temme now face life in prison without parole. 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]." 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]." 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 . Prior to that, me and her had a really big falling out. 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. ), 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. Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. 190, subd. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. Fuck her.". . 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. ", 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. TV Shows. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. Baca remained unrepentant to the end. 15, 3040, subd. (See Andreasen, supra, 214 Cal.App.4th at p. Get browser notifications for breaking news, live events, and exclusive reporting. 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. Prior to the statutory amendments enacted by Senate Bill No. 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." Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. And I know how to drive. A high-speed chase ensued, during which Baca threw a cell phone out the window. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. The pair took Montoya's keys and took off. 621. In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. . Defendant approached Montoya's car and said that Baca would not give Archuleta a tattoo because Montoya and Archuleta "weren't supposed to bring anybody with [them]." (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) (Clark, supra, 63 Cal.4th at p. [Citation.] Regs., tit. Other, unlisted cast members are still in the Sacramento prison. . with malice aforethought." Leonora Montoya, Martin said. 613.) (a)(1), Cal. (Clark, supra, 63 Cal.4th at pp. Baca and Temme were also convicted of two counts of robbery. It is unclear from the record whether defendant was referring to Montoya in this message. After awaiting her trial for over two years, Rebecca finally got her day in court last week. 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. 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." However, her crime is much more serious than being disruptive or even possessing hard drugs. (Banks, supra, 61 Cal.4th at p. As modified, the judgment is affirmed. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. (Ibid.) (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). 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. One of the two also took Archuleta's cell phone after the shooting. Some of the cast members have, in fact, been released from prison since the show was filmed. Code Regs., tit. (a)(17)(A)). On this record, we find no abuse of discretion in the trial court's decision to impose a maximum restitution fine of $10,000, as the amount was within the statutory range and justified by the relevant statutory considerations. 803. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. Code. Haslams sentence was six months in total. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. ), 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. Here are the latest totals. }, She got shot execution style. (a)(17)). The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. "The victim happened to be my wife," she adds. Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. 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]. Martin then directly addressed Baca as she repeated her mothers name. In addition to a subjective component, the recklessness indifference element also encompasses an objective component; a reviewing court asks whether the defendant's behavior was a " 'gross deviation' " from what a law-abiding person would have done under the circumstances. willful, deliberate and premeditated killing . In so concluding, the court noted that no evidence was introduced establishing the defendant's role in planning the robbery or in procuring weapons, and that during the robbery and murder he was absent from the scene, sitting in a car and waiting. Language: 'en-us', 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); 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. "; (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?' [] '(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. (Ibid.) At Baca's direction, defendant drove to the San Francisco Bay Area. Gov. "Murder is the unlawful killing of a human being . 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. Although ability to pay is one of the factors a trial court must consider in imposing a restitution fine above the statutory minimum of $300, it is not the only factor. 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. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel. at p. Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). They'll be sentenced at the end of June. She will be forever cherished and. We disagree. " Cocaine Bear. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. Jailbirds Cast Today: Where Are They Now? To the extent defendant argues the trial court did not hold an actual hearing on the ability to pay issue (i.e., a procedural due process argument), we find no merit in her contention. 80.) In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. Defendant's procedural due process rights were not violated. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." . Am I really going to go and do something stupid like theyre saying? "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. (a)(17), (c) & (d); see also CALCRIM No. Her sentence will be determined on June 28. So if everywhere I go, people stop me and they want to take pictures and they want me to sign an autograph, come on now. We have a Netflix Jailbirds update on featured convict Rebecca Temme. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. Then I left. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. "Prior to that, me and her had a really big falling out. Temmes 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. Keep reading to find out. at p. ' " (Banks, supra, 61 Cal.4th at p. Ant-Man and The Wasp: Quantumania. Join Facebook to connect with Rebecca Temme and others you may know. 654.) Malice shall not be imputed to a person based solely on his or her participation in a crime.' Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! The case status is Pending - Other Pending. Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." 1437, to determine whether a defendant was culpable of first degree murder on an aider and abettor theory, our Supreme Court differentiated the elements required for first degree felony-murder from those required for felony-murder special circumstance. What was Rebecca Temme's crime and where is she now? . ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. The next day, defendant attempted to elude the police as the driver in a high-speed car chase and she ran after a patrol car blocked the car. at p. 808; see also Clark, supra, 63 Cal.4th at pp. at p. 1170). As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. The pair took Montoya's keys and took off. Its one of the most callous things Ive ever heard.. 536-538, 613. Offers may be subject to change without notice. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. ), Prior to the statutory amendments enacted by Senate Bill No. 618-619.) "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." She was in jail for pimping and pandering, she explained on the show, and had already been in jail for 13 months by the time of the filming of the show. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. Applying the relevant factors identified by our Supreme Court, a rational jury could have reasonably concluded that defendant was a major participant in the robbery. 730 (Special Circumstances: Murder in Commission of Felony). var scJsHost = (("https:" == document.location.protocol) ? 15, 3041.2, subd. 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. 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. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. Your order will be handmade in London, just for you. I hope she haunts you. We shall modify the judgment accordingly. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. According to TMZ, Hawkins was arrested in Elk Grove County, California on May 17, after she was caught allegely trying to open a bank account using an ID with someone elses name on it. I mean, I feel like you can never forget someones face when you see them die. (DeFrance, supra, 167 Cal.App.4th at pp. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' And Ill never forget her face. 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. We affirmed codefendant Temme's conviction on September 24, 2020. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). Facebook gives people the power to. (Super. (Gonzalez, at p. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. Powered by. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. " (Nguyen, at p. 2.) Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. I regret it. Finally, during a jail visit with Clark following the shooting, defendant displayed no remorse for Montoya's death, further exhibiting a disregard for her life. Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. (a)(17), (d).) The jury found that Baca personally used a firearm in the course of the murder and robberies. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. Here, there is no question that defendant's crimes were serious and grave. Join half a million readers enjoying Newsweek's free newsletters, Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion, No Charges Filed In Police Shooting Of Stephon Clark, Trump's Central Park Five Comments Are Included in 'When They See Us', Tired of Paying for Netflix? Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. Then I left. . Carter was serving out a life sentence for attempted murder at the time of the shows filming; it was his first jail stint. After the teller recognized Hawkins she left the bank, and was found in a stollen car. Analytical cookies are used to understand how visitors interact with the website. FontSize: '', ' "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." (a).) At Baca's direction, defendant drove to the San Francisco Bay Area. "I regret it. Monster! Like literally everywhere I go. document.write("
