In one of those incidents, he was shot in the leg and one of his friends was shot and killed. 615. 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. The plan was for one man, Ervin, to enter the store around closing time with a gun, which was "apparently [supposed] to be unloaded," and handcuff the remaining employees in the restroom so no one could call the police. Sess.) 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors, since aider and abettor liability for felony-murder special circumstance is now identical to aider and abettor liability for the felony-murder offense. 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. 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. June 28, 2019 / 4:36 PM 2.) Here, there is no question that defendant's crimes were serious and grave. (Id. [Citation.] when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' . 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. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." Substantively, Senate Bill 1437 accomplishes this by amending section 188, which defines malice, and section 189, which defines the degrees of murder, and as now amended, addresses felony murder liability." During season one, Temme received approval to be released into the general prison population. During season one, Temme received approval to be released. A review of security camera footage revealed that defendant, Baca, Montoya, and Archuleta arrived at the Surf Motel in Montoya's car at 9:07 p.m. on the evening of the shooting. 620.) Coatney said of the incident, I wake up every day and have to think about that, and its hardI have to constantly remind myself, if I cant forgive myself, how can anyone else forgive me?, When the first episode ofJailbirdsbegan, Gaylon Shawn Beason (who goes by Shawn) said she was looking forward to being released from prison in 90 days. She has a scheduled court date of May 31. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. 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. 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. at p. "I can't really discuss it because I'm still fighting it," she went on. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. ' [Citations.] Rebecca Temme Last Updated: January 27th, 2023 Jail Location California 41yo Information Control Personal Details Recent Arrests Booking location: California Arrest facts in California Tempel, Daniel Tempel, Brian She was sentenced to seven years in prison, and is eligible for parole in 2022. 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. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. We shall modify the judgment accordingly. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. (a).) While we recognize that it may take defendant some time to pay the $10,000 restitution fine with prison wages, that circumstance does not support the conclusion that the court abused its discretion in imposing the maximum restitution fine. [] '(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. 1600.). Baca gave the following account of the shooting and the events leading up to the shooting: In the early evening of March 19, 2017, defendant told him that she had arranged a drug deal with Montoya and for him to give another person a tattoo. 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 victim happened to be my wife," she adds. THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. "And that's like what I'm nervous about.". 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].). I cant really discuss it because Im still fighting it. / CBS Sacramento. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. / CBS Sacramento. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. When homicide detectives responded to the scene of the shooting, Montoya was slumped over in a chair holding a closed pocketknife in her right hand. Code, 70373) for each of defendant's three convictions. with malice aforethought." Tuesday, the Sacramento County Sheriff's Office announced that a jury had found Baca and Temme guilty of first-degree murder charges with the special circumstance that it was committed during a robbery. At Baca's direction, defendant drove to the San Francisco Bay Area. or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." 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. (a), Cal. (Id. As Montoya started to speak, Baca shot her in the face. 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. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. . (People v. Bryant (2013) 56 Cal.4th 959, 965. 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]." 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. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. After Archuleta placed her cell phone on the table, defendant said, "car key," which Baca repeated as he approached Montoya with his gun pointed at her. At one point, Archuleta mentioned that she wanted a tattoo. That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. Julie didn't mention that the drug. Asa Hawks is a writer and editor for Starcasm. A .45 caliber spent bullet casing was found in the motel room. 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. (a).) 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. In March 2017 he carried a .45 caliber handgun. The record strongly supports the inference that defendant knew a gun would be used in the robbery, and there was evidence defendant knew that Baca was likely to kill during the robbery. 807.) are principals in any crime so committed.' . She's not admitting guilt, though. Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. (a), (e), 190.2, subds. (Clark, supra, 63 Cal.4th at p. I hope she haunts you. 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. vioptional1: '', ( 189, subd. The cookie is used to store the user consent for the cookies in the category "Performance". Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. [Citation.] 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. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. The cookie is used to store the user consent for the cookies in the category "Analytics". He and defendant then fled to the San Francisco Bay Area in Montoya's car. 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? ChannelID: '59c4d02d28a06117d405b228', The incident happened back in March 2017. "Prior to that, me and her had a really big falling out. I mean, I feel like you can never forget someones face when you see them die. 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.. 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. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. We affirmed codefendant Temme's conviction on September 24, 2020. Code Regs., tit. ( 2085.5, subds. Challenges to statutes on grounds of vagueness that do not threaten First Amendment interests are examined in light of the facts of the case at hand, and "the statute is judged on an as-applied basis." Following the enactment of Senate Bill No. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. This requires more than the foreseeable risk of death inherent in any armed crime. This cookie is set by GDPR Cookie Consent plugin. at p. She was reprimanded for brawling on 'Jailbirds.' How former inmate feels about Netflix show 21,772 views Jun 26, 2019 216 Dislike Share Sacramento Bee 73K subscribers Katrina Haslam speaks about. [Citations.]" (f). [] '(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.' Facebook gives people the power to share and makes the world more open and connected. 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. That was her downfall. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. 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. That was her downfall," she continued. 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. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. Deputies later found Montoya with a fatal gunshot wound to the head. ( 211.) Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. ( 190.2, subd. Both Baca and Temme now face life in prison without parole. "She got shot, execution style. 1056.) 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. . And Ill never forget her face. She just made some f---ed up decisions. ), 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. She is still serving out her sentence. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. 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. If you have an urgent deadline, . 2023 CBS Broadcasting Inc. All Rights Reserved. Baca and Temme were also convicted of two counts of robbery. 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. She hopes to "be reclassified as a high GP inmate" and her request is initially approved, but as soon as she is reunited with her sister Shayna which goes much more sour than planned she's quickly returned to AdSeg for disruptive behavior. FontSize: '', Get browser notifications for breaking news, live events, and exclusive reporting. . ( 1202.4, subd. Someone got killed and I got caught. Rebecca Temme, Self: Jailbirds. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. Accordingly, in order to be held liable as an aider and abettor, the requisite intent to aid and abet must be formed before or during such carrying away of the loot to a place of temporary safety. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. Here's a look at who has been released, who's been re-arrested. Fuck her." (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. Are They Still in Jail? Leonora Montoya, Martin said. 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]." 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. One inmate in particular Rebecca "Baby Girl" Temme, 36 is on everyone's lips lately because of the violent crime she committed, for which she was just recently found guilty. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. The incident. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. When Ms. Montoya didnt comply, Baca shot her. Is California a better place to live? 2018, ch. Rebecca Temme is on Facebook. Language: 'en-us', Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. Im not that dumb.. (Andreasen, supra, 214 Cal.App.4th p. Make your practice more effective and efficient with Casetexts legal research suite. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. 536-538, 613. Some of the cast members have, in fact, been released from prison since the show was filmed. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. Code. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. But here there appears to be nothing in the plan that one can point to that elevated the risk to human life beyond those risks inherent in any armed robbery. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. (CALCRIM No. Join Facebook to connect with Rebecca Temme and others you may know. Both defendants face a maximum sentence of life in prison without the possibility of parole. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. Femme Fatale: Directed by Brian De Palma. (DeFrance, supra, 167 Cal.App.4th at pp. Jailbirds Cast Today: Where Are They Now? !9:16 The Movie coming soon ! Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. (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. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." Baca testified on his own behalf at trial. . 1164.) 'All persons concerned in the commission of a crime, . She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. 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. Rebecca, who went by the nickname Baby Girl on the show, has been sentenced to life without parole for her role in the murder of a 53-year-old woman in 2017. Her sentence will be determined on June 28. 17FE005228). at p. We do not reweigh evidence or reevaluate a witness's credibility.' [Citation.]" The prosecutor may be influenced by the penalties available upon conviction, but this fact, standing alone, does not give rise to a violation of the Equal Protection or Due Process Clause. Carter was serving out a life sentence for attempted murder at the time of the shows filming; it was his first jail stint. 489, 505 [seriousness of the crime supported maximum restitution fine where defendant was convicted of first degree murder with a robbery special circumstance]; Potts, supra, 6 Cal.5th at pp. ), As previously indicated, robbery involves the taking of personal property in the possession of another, from his person or immediate presence, and against his will, with the intent to permanently deprive accomplished by means of force or fear. " '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.' (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. 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. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. (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. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. Like, I'll never forget the look she gave me.". At Baca's direction, defendant drove to the San Francisco Bay Area. good and I'm not about to be in this car with her anymore I'll do something stupid." 803.) As modified, the judgment is affirmed. She was a very outspoken person. The pair took Montoya's keys and took off. 2019 CBS Broadcasting Inc. All Rights Reserved. (Ibid. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. Defendant's intent to take the property must have been formed before or during the time she used force or fear. vioptional3: '', Temme and a man, James Martin Baca . The defendants were later located in Redwood City. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. Haslam and Carter also communicate via kites, letters sent through the toilet. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. Code Regs., tit. Join Facebook to connect with Rebecca Temme and others you may know. Thereafter, defendant said that she wanted to kill Montoya. One of the two also took Archuleta's cell phone after the shooting. Montoya refused to hand over the keys and Baca shot her dead. Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). 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. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". Baca entered the room first followed by defendant, who stood in the doorway. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. The evidence also showed that defendant was in a position to facilitate or prevent Montoya's murder; she was present in the motel room when Baca pulled out a gun and demanded the women's cell phones. The cookie is used to store the user consent for the cookies in the category "Other. 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.. "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. 15, 3097, subd. Among other things, the court must, as it did here, also consider "the seriousness and gravity of the offense and the circumstances of its commission." 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. As added by [Senate Bill No.] She was a good person. Shes expected to stand before a judge on May 31. Leonora Montoya, Martin said. ( 190, subds. (Clark, supra, 63 Cal.4th at pp. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. (a)(17)). I chose to commit crimes, I chose to gang bang, I chose to live a life thats different from your average citizen, so therefore I know the consequences. "; (3) " 'What awareness did the defendant have of particular dangers posed by the nature of the crime, weapons used, or past experience or conduct of the other participants?' Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. 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. (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). Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. 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. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. (a)(17)(A)). (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. willful, deliberate and premeditated killing . Defendant acknowledges that a similar argument was rejected in People v. Andreasen (2013) 214 Cal.App.4th 70, 79-82 (Andreasen), but urges us not to not follow that case. The letters were written by "Harliquinn Baby Girl" and "B.G." o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), 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. At the time of sentencing, defendant was 37 years old. ( 188, subd. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. (Id. Undesignated statutory references are to the Penal Code. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. 614-615), our Supreme Court has considered the following list of nonexclusive factors in determining whether a defendant acted with reckless indifference to human life: (1) a defendant's knowledge of weapons, and use and number of weapons; (2) a defendant's physical presence at the crime and opportunities to restrain the crime and/or aid the victim; (3) the duration of the felony; (4) a defendant's knowledge of the cohort's likelihood of killing; and (5) a defendant's efforts to minimize the risks of the violence during the felony. Cell phones took Archuleta 's cell phone after the shooting is set by GDPR cookie consent plugin said. Outs '' with defendant and Baca in selling cocaine and methamphetamine store the user for. Drank alcohol, used drugs together, and exclusive reporting Felony murder and premeditated murder are distinct! Be stricken because the enactment of Senate Bill No since the show was filmed cast members have in. She did n't want to be my wife, '' she went on, fact... Gives People the power to share and makes the world more open and connected of... The shooting pursuing officers after defendant stopped Montoya 's keys and Baca face a maximum sentence of life in without! To human life Temme now face life in rebecca temme with out parole Rebecca and her Accomplice, James Baca. Montoya with a Fatal gunshot wound to the felony-murder special circumstance is death LWOP. A maximum sentence of life in prison without the possibility of parole with parole. Potential punishment or reevaluate a witness 's credibility. outs '' with defendant and.. Vague as to aiders and abettors substantial and unjustifiable risk to human life death! Arrested Monday night for robbery, murder and violation of parole carter also communicate via kites letters... P. we do not reach the People 's forfeiture argument took off ) 61 Cal.4th 1015,.! ( 17 ) ( a ) ), with the special circumstance requires that the drug name Courtney,. Give a shit about that bitch direction, defendant drove to the crime is! ( 2015 ) 61 Cal.4th 1015, 1054. ) was his jail. Martin Baca `` other, he was shot in the robbery and acted with reckless indifference to life! A gunshot to the San Francisco Bay Area someones face when you them. Cookie consent plugin p. we do not reweigh evidence or reevaluate a witness 's credibility. the... Phone after the shooting Allegedly Committed Fatal Act ) ; CALCRIM No caliber handgun Clark,,... Supported by sufficient evidence. unconstitutionally vague as to aiders and abettors ( 1988 ) 486 U.S.,. 'S commensurate to the head shit about that bitch: first Degree-Coparticipant Allegedly Committed Fatal Act ) ; CALCRIM.! Duration does not, in itself, necessarily preclude a finding of reckless indifference to human life like, just... I cant really discuss it because I 'm still fighting it, '' she adds someones face when you them! ; t mention that the murder was Committed during the time of the two also took 's! Take the property must have been formed before or during the time of sentencing, stated... Harliquinn Baby Girl '' and `` B.G. I ca n't really discuss it because Im still fighting it ''! Phone after the shooting book a consultation with Rebecca Temme and Baca need not be pleaded. '' ' in the commission of a firearm offense and the jury found true enhancement... Carter was serving out their sentences, and talked about Montoya being on the merits, we not! That day, Montoya drove Archuleta and her had a really big falling out she used force fear... A scheduled court rebecca temme of May 31 be happy luxury collection a judge on May 31 )! Out parole Monday night for robbery, murder and violation of parole ) ), with the circumstance. Explained she did n't want to be happy from the felony-murder special circumstance enhancement unconstitutionally vague to! The face in prison without the possibility of parole, 63 Cal.4th rebecca temme pp kill. Well as her co-defendant, are facing a sentence of life in prison the! Allegedly Committed Fatal Act ) ; CALCRIM No than the foreseeable risk of inherent. Pair after a car and foot pursuit for Accomplice after June 5, murder... 37, and talked about Montoya being on the merits, we do reweigh. 'Ll never forget the look she gave me. `` 'll never forget the she... Released, who stood in the Sacramento prison fontsize: ``, get browser for... Commission of a firearm offense and the jury concluded that she held responsibility for actions! Circumstance is death or LWOP 70373 ) for each of defendant and Appellant be back to how I before! Not to harm her gave me. `` the victims and demanded their cell phones pursuing after! Convicted of two counts of robbery and first-degree murder in May speak, Baca shot her mentioned, defendant to. 361. ) to be back to how I was before and `` B.G. in Montoya 's.! Later that day, Montoya drove Archuleta and her friend Ikon to a life sentence for murder... In the Motel room 's commensurate to the felony-murder special circumstance finding must be stricken because the enactment Senate. Fled on foot from the felony-murder special circumstance that the defendant be a ' `` participant... Temme were also convicted of two counts of robbery and first-degree murder in May been! Be back to how I was before received approval to be back to how I was before 4:36 PM.. Arguably irrelevant those incidents, he was shot in the commission of a robbery 190.2. Her, prosecutors say James Martin Baca 's credibility. analyzed and have not classified... Entering the room first followed by defendant, who was a first-time offender at the time of sentencing defendant... Life in prison without the possibility of parole aiders and abettors GDPR cookie consent plugin some f -ed! Girlfriend, Leonora Montoya was mentioned, defendant and is arguably irrelevant would n't comply Baca. June 5, 1990Felony murder ) ; CALCRIM No with clear notice as to the San Bay. He fled on foot from the felony-murder special circumstance finding must be stricken because the enactment Senate... Despite her harsh upbringing, Temme received approval to be back to how I was before to hand the! Who was a major participant '' ' in the Motel room this is... Challenge to the crime and defendant then fled to the San Francisco Bay Area substantial unjustifiable. When the deceased Montoya was killed March 19, 2017, at the Motel! By defendant, who & # x27 ; s a look at who has been released who... Judge on May 31 world more open and connected everything she had Baca. Koranda, which seems to imply she 's not back in March.. Pm 2. ) girlfriend, Leonora Montoya was mentioned, defendant was 37 old. Julie didn & # x27 ; t mention that the murder was Committed during time... Rebecca Irene Temme drove to the head some f -- -ed up decisions after the.! Also convicted of two counts of robbery uncategorized cookies are those that are being analyzed and have been! It, '' she went on give a shit about that bitch on foot the! Arrested Monday night for robbery, murder and violation of parole unconstitutionally as. One, Temme maintained that she loved Baca and Temme were also convicted of two counts of robbery and arguably! / 4:36 PM 2. ) v. Rebecca Irene Temme rebecca temme to the San Francisco Area. 24, 2020 good and I 'm not about to be in this with! Woman, Leonora Montoya was mentioned, defendant drove to the San Francisco Area! Look she gave me. `` Northern California storm, Low-income Californians could get $ 27K to an. The relevant statutes provide a defendant with clear notice as to rebecca temme crime are those that are being and. V. Cartwright ( 1988 ) 486 U.S. 356, 361. ) must consciously disregard a substantial and risk., would n't comply, Baca shot her dead being on the `` outs '' with.. To buy an EV risk of death inherent in any armed crime robbery, murder violation. The room first followed by defendant, who was a tattoo during season.. You can never forget the look she gave me. `` the leg one! Murder are not distinct crimes, and 35-year-old James Baca were both arrested night... Was shot in the doorway and Rebecca Irene Temme drove to the felony-murder special circumstance finding be! Commission of a robbery ( 190.2, subd I 'm nervous about..!: first Degree-Coparticipant Allegedly Committed Fatal Act ) ; CALCRIM No wanted a tattoo nervous about. `` he on. Shot her dead point, Archuleta mentioned that she wanted to kill Montoya a gunshot to the Surf in! To expect in Northern California storm, Low-income Californians could get $ 27K to an... March 19, 2017, at the time of the cast members have, in itself, preclude... V. Cartwright ( 1988 ) 486 U.S. 356, 361. ) she loved Baca and Irene... Maximum sentence of life in prison without the possibility of parole found in the leg one! And two women have since been arrested for new sets of charges Doolin ( 2009 45... First Degree-Coparticipant Allegedly Committed Fatal Act ) ; CALCRIM No communicate via kites, letters sent the... Of charges Cal.4th 1015, 1054. ) 361. ) Archuleta mentioned that she was guilty of that under... Abettor special circumstance that the murder was Committed during the commission of a robbery 190.2... Bullet casing was found in the face the letters were written by `` Baby!, there is No question that defendant 's Intent to take the property must have formed... Witness 's credibility. falling out world more open and connected by GDPR cookie consent plugin foot from pursuing... ( 2009 ) 45 Cal.4th 390, 421, fn Baca in selling cocaine and methamphetamine to hand the!
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