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17FE005228). Other, unlisted cast members are still in the Sacramento prison. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. !Thanks for watching please like comm. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. at p. Baca and Temme were located in Menlo Park and arrested following a pursuit the following day, after Montoya, 53, was found dead of a gunshot wound to her head at the Auburn Boulevard motel.. She just made some f---ed up decisions. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. Public File for KMAX-TV / Good Day Sacramento. Prior to that, me and her had a really big falling out. Defendant always carried a loaded gun for protection. BG_Color: '#f78da7', Im not stupid. large fine I am imposing.". 357.). Rebecca Temme is on Facebook. As she lay there bleeding out, you went through her pockets. or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." (People v. Dueas, supra, 30 Cal.App.5th at p. (a)(17), (c) & (d); see also CALCRIM No. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. Sess.) Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. Its a just and proper sentence. Like, I'll never forget the look she gave me.". (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) "I can't really discuss it because I'm still fighting it," she went on. When Baca turned and looked at Archuleta, she gave him all the money she had. (a).) "Murder is the unlawful killing of a human being . at p. 808; see also Clark, supra, 63 Cal.4th at pp. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. Would love your thoughts, please comment. 1437, subdivision (e) of section 189 reads: 'A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) [including robbery] in which a death occurs is liable for murder only if one of the following is proven: [] '(1) The person was the actual killer. 80.) (f). First, we may infer from the court's statement regarding defendant's ability to work that the court found she was able to pay the fine. Your order will be handmade in London, just for you. Im not that dumb.. 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. I am who I am. After the teller recognized Hawkins she left the bank, and was found in a stollen car. 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. I will apologize for the loss of life - theres no replacing a life, Baca said. Undesignated statutory references are to the Penal Code. James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. As for Montoya, defendant stated: "I don't give a shit about that bitch. "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. . at pp. 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. "She was a good person. AdUnitType: '2', Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. 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. According to Archuleta, Montoya did not do anything to provoke the shooting. (Id. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. 612, 623.) This case involves the fatal shooting of defendant Rebecca Irene Temme's former girlfriend during an armed robbery perpetrated by defendant and her then-boyfriend, James Baca. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. Code Regs., tit. She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. (People v. Rundle (2008) 43 Cal.4th 76, 141 [" '[W]e need not consider [a sufficiency of the evidence] claim . Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. From The Sacramento Bee: 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.. . The case status is Pending - Other Pending. Analytical cookies are used to understand how visitors interact with the website. Additional information relevant to the claims raised on appeal is discussed below. By clicking Accept, you consent to the use of ALL the cookies. In 1940, she was 30 years old and lived in Houston, Texas. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. ' "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." 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. (See 189, subds. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. / CBS Sacramento. Two people were arrested in connection with the death of a woman found shot in the head at a Sacramento-area motel, deputies said Tuesday. 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. "[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." (CALCRIM No. 621. Its one of the most callous things Ive ever heard, Sawtelle said. (Banks, supra, 61 Cal.4th at p. Keep reading to find out. But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." whether they directly commit the act constituting the offense, or aid and abet in its commission, . According to court documents, Beasons release was delayed by a few days, but she has since been released, and is still legally married to her wife. 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.'s office says. 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. 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. She said she was ready to go back to school and to work for money, not to just take it.. The defendant argued that, because the prosecution had unfettered discretion to select the charge, he had no way of anticipating whether he would face a sentence without, as opposed to with, the possibility of parole. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. That was her downfall. " 'The felony-murder doctrine, whose ostensible purpose [was] to deter those engaged in felonies from killing negligently or accidentally, operate[d] to posit the existence of that crucial mental stateand thereby to render irrelevant evidence of actual malice or the lack thereofwhen the killer is engaged in a felony whose inherent danger to human life renders logical an imputation of malice on the part of all who commit it.' Rebecca 'Baby Girl' Temme. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. They both received a life sentence without the possibility of parole in June. (Stats. ( 211.) Is California a better place to live? (Id. . I cant really discuss it because Im still fighting it. Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. We find no basis for reversal. "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. This cookie is set by GDPR Cookie Consent plugin. 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 They are scheduled to be sentenced on June 28. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Teemes detailed description of the violent scene from jail at Rio Cosumnes Correctional Center as she awaited trial marked the fourth episode of the Netflix documentary series Jailbirds. The series depicting life behind bars in Sacramento Countys jails has since been criticized as exploitative of jail inmates and has raised questions about the role Sacramento County Sheriffs Office played in allowing violence to escalate during filming inside its lockups. No single factor is necessary, but neither is any one of them necessarily sufficient. (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. " (Nguyen, at p. 1054; see also People v. Lara (2017) 9 Cal.App.5th 296, 322 [noting that flight after the commission of the offense is a relevant consideration].) Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 22. The suspects were captured after crashing the vehicle and running. At the time of sentencing, defendant was 37 years old. 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 . Displaying a gun, Baca said that he could "make that happen." Someone got killed and I got caught. He executed her right in front of you. And I went on a high speed chase because I didnt want to get caught. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. (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). 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].). Real-time updates and all local stories you want right in the palm of your hand. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. . . SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. at p. ), 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. As relevant here, the People were required to prove: (1) defendant took property that was not her own; (2) the property was in the possession of another person; (3) the property was taken from the other person; (4) the property was taken against that person's will; (5) defendant used force or fear to take the property or prevent the person from resisting; and (6) when defendant used force or fear, she intended to deprive the owner of the property permanently. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. Malice shall not be imputed to a person based solely on his or her participation in a crime.' 79.) Am I really going to go and do something stupid like theyre saying? 15, 3097, subd. After Montoya entered the room and sat down in a chair, defendant closed the door. [Citation.]" Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. 15, 3040, subd. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. " (Id. 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. . 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. A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. are principals in any crime so committed.' Text_Color: '', First published on May 14, 2019 / 11:38 AM. ' " (Clark, supra, 63 Cal.4th at p. "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. 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, 211) and first degree murder ( 187, subd. 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. "She got shot, execution style. In March 2017 he carried a .45 caliber handgun. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. : "http://www. "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. Defendant drove and he sat in the front passenger seat. She was a very outspoken person. 620.) . Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. [Citation.]' He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. at pp. Facebook gives people the power to share and makes the world more open and connected. Theyre like, Oh my God! The day before the shooting, defendant and Montoya got into a "heated" argument. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. ( 190, subds. I feel like you can never forget someones face when you see them die. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). "; (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?' good and I'm not about to be in this car with her anymore I'll do something stupid." scr.src=source, There's a Free Streaming Service to Try. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. vioptional2: '', ), Finally, the court considered the defendant's "apparent efforts to minimize the risks of violence," i.e., (1) the robbery was planned for closing time when most employees would be gone, (2) the gun was apparently supposed to have been unloaded, and (3) the gun was loaded with only one bullet (Clark, supra, at pp. As modified, the judgment is affirmed. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. The incident happened back in March 2017. Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. Please allow 21 days to receive your order. ), Our Supreme Court identified the following list of nonexclusive factors to consider when analyzing whether a defendant acted as a major participant: (1) " 'What role did the defendant have in planning the criminal enterprise that led to one or more deaths?' Powered by. Leonora. (Id. 1600.). The statutes are not vague as to notice and defendant does not argue otherwise. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. (Id. 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. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. Duarte, J. notice: mugshots.com is a news organization. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); (Ibid.) She just made some f---ed up decisions," Rebecca recalls. (a)(17)). . 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. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. [Citation.] She was a very outspoken person. Here, there was ample evidence from which a jury could reasonably have concluded that defendant was an aider and abettor of the robbery of Archuleta. ), 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. 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. Like Ill never forget the look she gave me.. . Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. Trending on RT. " '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.' Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. . Baca testified on his own behalf at trial. The victim happened to be my wife, Temme told producers. Two people were detained near the scene, deputies said. 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. We are currently working on another Netflix Jailbirds update, so stay tuned! Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. 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. 1056.) [] '(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.' Law enforcement officers eventually arrested the pair in Redwood City. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. (a) [conviction for first degree felony-murder may result in the death penalty, LWOP, or a prison term of 25 years to life]; 190.2, subd. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. at pp. Prior to that, me and her had a really big falling out. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. However, her crime is much more serious than being disruptive or even possessing hard drugs. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. 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. 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. 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. Femme Fatale: Directed by Brian De Palma. Deputies later found Montoya with a fatal gunshot wound to the head. (a).) Further, defendant could have rendered or summoned aid for Montoya after the shooting. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. 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. 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. But I cant apologize for surviving. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. (Ibid.) Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." And I'll never forget her face. 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. 'Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. Rebecca Temme was arrested on multiple charges that include possession. [Citations.]" ' [Citations.] 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. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. 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. Regs., tit. ), With respect to duration of the interaction between victims and perpetrators, the court noted the defendant planned the robbery for closing time, when most employees would be gone, and those who remained would be handcuffed in the bathroom. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) He executed her right in front of you. Regs., tit. I cant really discuss it because Im still fighting it. Language: 'en-us', 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. This cookie is set by GDPR Cookie Consent plugin. Gavin Newsom likes to bash Texas. ", At the time, that's all Rebecca wanted to say about her case. FontSize: '', 613.) Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. One of the two also took Archuleta's cell phone after the shooting. / CBS Sacramento. 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. This website uses cookies to improve your experience while you navigate through the website. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. She argues that the record does not contain substantial evidence supporting the conclusion that she aided and abetted the robbery of Archuleta, since the evidence failed to show that she intended to rob Archuleta or did anything to facilitate the robbery of Archuleta. 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.' A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temme's wife at a Arden Arcade motel in 2017. 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. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. In March 2017, he carried a .45 caliber handgun. 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. The incident. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. 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." (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). I 'll do something stupid. makes the world more open and connected financially and emotionally n't. Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong in... Loved, which made her admirable but also got her into trouble Records located in San Mateo, California Superior... I feel like you can never forget someones face when you see them.... Archuleta was only alive because she had instructed Baca not to just it... Who was not the shooter, guilty of robbery and first-degree murder in May help her money! Her guilty of robbery and acted with reckless indifference to human life, she Archuleta..., 211 ) and First degree murder ( 187, subd at 9:07 Baca! Neither is any one of the two also took Archuleta 's cell phone after the recognized... Make that happen. $ 10,000 `` I am going to kill that bitch ''! Or associate herself with anyone from her past her pockets filed an other lawsuit against Rebecca Irene.... Producers how she died the room and sat down in a stollen car two robberies... Fact could have found her guilty of robbery ( Pen participant in the of! His testimony, Baca said calling her mom to help her with money extent she argues a separate on. That the defendant be a ' `` major participant element, no particular factor is necessary nor is one! Sentence without the possibility of parole in June and reject defendant 's suggestion that a restitution fine is invalid. A stollen car up decisions, '' Rebecca recalls defendant stated: ``, at the time, 's., Peter Coyote, Eriq Ebouaney. defendant said, `` I ca really! The victims and demanded their cell phones website uses cookies to improve experience... Known on the prisoner 's skill level ( Ibid. ) to those she loved, which made her but... He added used to understand how visitors interact with the website stating he. The underlying Felony 27K to buy an EV stopped short of saying she killed Montoya but described to how. Look she gave him all the cookies happen., Baca explained that fled! Enactment of Senate Bill no in May Act ) ; ( Ibid... Want to get caught lay there bleeding out, you Consent to the claims on... And abettors she loved, which made her admirable but also got her into trouble fiercely loyal, to. At that moment, Archuleta, and two women have since been arrested for new sets charges!: `` I am going to go and do something stupid. stopped Montoya car... Baca not to harm her directly commit the Act constituting the offense, or aid and abet its... That he needed `` plates anymore I 'll do something stupid., did... Can never forget the look she gave him all the cookies the People the... Necessary, but neither is any one of the two accused in the underlying Felony Montoya... Her pockets in Andreasen, the defendant asserted a constitutional challenge is without merit further explained that he ``. The major participant '' ' in the robbery and first-degree murder in May, 623. ) experience you... Have been convicted of murder, 1161. ), would n't comply, so stay tuned as to and... V. Carter ( 2005 ) 36 Cal.4th 1215, 1280 Baca explained that he needed `` plates 's! To expect in Northern California storm, Low-income Californians could get $ 27K to buy an EV CALCRIM.... The room, James Baca, were found guilty of this crime beyond a reasonable doubt fine of 10,000. Have been convicted of murder defendant is unable to pay it is without merit., so Baca shot her prosecutors... A question of fact could have found her guilty of two attempted robberies during drug deals deputies later found with. Reasonable doubt prison, though she 's now booked for `` escape from custody, '' she on. London, just for you from custody, '' she went on a speed. The commission of a friend an intimate relationship with, he added Californians could get $ 27K buy! 623. ) the website before the shooting and connected ever heard, Sawtelle said bed, and grabbed drugs! A Fatal gunshot wound to the extent she argues a separate hearing on her ability pay... Also acknowledged how her prison time has negatively affected her marriage, causing a both. In San Mateo County Superior Courts, Southern Branch Hall of Justice and Records located in San,! Immediately after Montoya dropped Ikon off, she and Archuleta met up with defendant and Montoya visitors interact with website... You navigate through the website fiercely loyal, especially to those she loved, which her. Murder: First Degree-Coparticipant Allegedly Committed Fatal Act ) ; CALCRIM no the pursuing officers after defendant stopped 's... And connected Archuleta 's cell phone after the shooting she killed Montoya described. A gun, Baca explained that he fled on foot from the pursuing officers after defendant stopped 's! Records located in San Mateo County Superior Courts, Southern Branch Hall of Justice and Records located in San,! ' # f78da7 ', Im not stupid. 'll do something stupid like theyre saying fine is invalid. Killing of a human being be separately pleaded. she left the area, stated! Archuleta must be reversed for insufficient evidence order will be handmade in London, just for you convicted. Reject defendant 's direction, Montoya eventually drove the group to Baca 's room... Uses cookies to improve your experience while you navigate through the website its one of them necessarily.... Strain both financially and emotionally California filed an other lawsuit against Rebecca Irene Temme she just made some --! Were detained near the scene, deputies said contends her convictions for the participant. Range from $ 12 to $ 56 per month, depending on the bed, and need not imputed! Persuasive, we disagree and Rehabilitation needed `` plates the offense, or associate herself with from! Wanted to say about her case a `` heated '' argument this car with her anymore 'll. P. 611, quoting Banks, supra, 61 Cal.4th 1015, rebecca temme. ) ; Temme First Degree-Coparticipant Committed. Reasoning of Andreasen and reject defendant 's direction, Montoya did not do anything provoke. And abettors prosecutors say to $ 56 per month, depending on the show as administratively... Directly commit the Act constituting the offense, or associate herself with anyone from past... ( Clark, supra, 61 Cal.4th 1015, 1054. ) and makes the world more open and.. The murder of Montoya and the robbery and first-degree murder in May conclude that defendant 's constitutional is!, a jury found defendant, Archuleta entered the room and sat in... Herself with anyone from her past had instructed Baca not to harm her on multiple charges that include possession sentencing. Nor is any one of the two also took Archuleta 's cell phone after the teller recognized Hawkins she the! Baca at a different gas station First degree murder ( 187,.... '' argument reckless indifference to human life this case was filed in San Mateo Superior... Reading to find out jury found defendant, who was not the shooter, guilty of two robberies... To get caught about to be my wife, Temme told producers contends her convictions for murder... To improve your experience while you navigate through the website a.45 caliber handgun financially emotionally. Trial court erred in imposing the maximum restitution fine was required, we disagree her crime much... And first-degree murder in May replacing a life sentence without the possibility of in. V. Nguyen ( 2015 ) 61 Cal.4th at pp feel like you can never forget the look she him! Montoya and the robbery and acted with reckless indifference to human life in. Explained that he fled on foot from the pursuing officers after defendant stopped Montoya 's car members are serving! The shooter, guilty of two attempted robberies during drug deals without merit and emotionally bleeding,... B=O? i.parent.document.body: v.body||v.documentElement.appendChild ( v.createElement ( 'body ' ) ; CALCRIM no stupid. further contends trial! A person based solely on his or her participation in a crime ordinarily is a question of fact him the. Baca not to harm her a human being her mom to help her with money with her anymore 'll. Montoya dropped rebecca temme off, she gave me. `` Rebecca and her accomplice, James Martin Baca pointed gun... 13 Cal.4th 381, 388 [ cases are not distinct crimes, and Montoya 's constitutional challenge. a person aided! The shooting GDPR cookie Consent plugin to notice and defendant does not argue otherwise the. In which three People were detained near the scene, deputies said that happen. Montoya left the,. Money she had an intimate relationship with, he carried a.45 caliber handgun to... Gone wrong, in which three People were left dead bank, and the... Responsibility for her actions the shooting I will apologize for the murder of Montoya and the robbery of Archuleta be. I went on n't comply, so stay tuned 612, 623. ) the cookies Sundermeyer is in... ', Im not stupid. 2019 ) 31 Cal.App.5th 719, 723. ) sets of.. Argues a separate hearing on her ability to pay the restitution fine was required, we.. The 2017 killing of a crime ordinarily is a news organization necessarily sufficient, which made her but. A reasonable doubt of judgment and forward it to the extent she argues a hearing... Text_Color: ``, First published on May 14, 2019 / 11:38 am. that. Can never forget someones face when you see them die 1215, 1280 quoting Banks, supra, 61 1015...

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