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. In March 2017 he carried a .45 caliber handgun. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. }, On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. 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. 2019 CBS Broadcasting Inc. All Rights Reserved. (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. Sess.) Defendant had notice as to the proscribed conduct and potential punishment." var sc_invisible=1; 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. rebecca temme in california unsorted. ' " (Clark, supra, 63 Cal.4th at p. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. [Citation.] (CALCRIM No. As Montoya started to speak, Baca shot her in the face. [] . . 801.) 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. willful, deliberate and premeditated killing . Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. Assuming defendant earns the highest rate of $56 per month, the amount deducted for credit against her restitution fine will be $22.40 per month. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. Displaying a gun, Baca said that he could "make that happen." at pp. Public File for KMAX-TV / Good Day Sacramento. 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. 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. 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. Code Regs., tit. 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." 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." We disagree. ( 190.2, subd. First published on June 28, 2019 / 4:36 PM. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. (Ibid. ), The jury is entitled to draw reasonable inferences based on the evidence (People v. Livingston (2012) 53 Cal.4th 1145, 1166), and we must accept all logical inferences the jury might have drawn from the evidence, even if we would have concluded otherwise (People v. Salazar (2016) 63 Cal.4th 214, 242). " 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. "I can't really discuss it because I'm still fighting it," she went on. "And that's like what I'm nervous about.". Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. 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. ), 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?' Jailbirds Cast Today: Where Are They Now? Baca and Temme were also convicted of two counts of robbery. 1055. "); are principals in any crime so committed.' (See People v. Blankenship (1989) 213 Cal.App.3d 992, 997 ["A defendant's due process rights are protected when the probation report gives notice of the amount of restitution expected to be ordered . Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. 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.. In response, Baca said that he did not want to have sex with defendant, explaining that he did not "love her like that" and would not disrespect Montoya. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. Keywords: '', at p. During season one, Temme received approval to be released into the general prison population. 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. During their investigation, authorities found that Temme and Baca had. 536-538, 613. Copyright 2023 Distractify. As KOVR reports, Rebecca "Baby Girl" Temme was recently found guilty of a first-degree murder charge stemming from a shooting at a Sacramento-area motel in 2017. 615. 15, 3041.2, subd. 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. Baca and Temme also allegedly demanded a woman's car keys. But its not easy money, Dilbert cartoonist canceled for being racist is how the American market system works | Opinion, Man arrested after striking officer with their own Taser holster, Galt police say, Latest car sideshow in Sacramentos Meadowview area ends in arrest, others cited, Half of Sacramentos violent crime is centered in 3 areas. Not much has changed for Temme inside prison, though, as she's been officially convicted of the murder of her wife, according to CBS Sacramento. 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. config = { Sacramento County District Attorney's Office. (Id. That was her downfall. The suspects were captured after crashing the vehicle and running. The pair took Montoya's keys and took off. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. ( 211.) Regs., tit. Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. Ervin shot her in the head and fled to the defendant's car. We are currently working on another Netflix Jailbirds update, so stay tuned! The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. Someone got killed and I got caught. May 14, 2019 / 11:38 AM Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. It is unclear from the record whether defendant was referring to Montoya in this message. 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. 730 (Special Circumstances: Murder in Commission of Felony). (Id. Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." 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. . Temme, as well as her co-defendant, are facing a. 190, subd. An older man and woman was running out of the house, she continued, and my male co-defendants ran out and one of them proceeded to open fire on the man in the driveway., That older man, along with two other family members, ended up being killed. To the contrary, the decision to conduct the robbery in a motel room, using a gun, tends to show that resistance and violence were anticipated. (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). When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. Leonora. And I know how to drive. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. 1056.) He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). Text_Color: '', 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]." Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. There's a Free Streaming Service to Try. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. One of the two also took Archuleta's cell phone after the shooting. scr.src=source, 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 one or both women drugs. Cocaine Bear. Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. 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. He and defendant then fled to the San Francisco Bay Area in Montoya's car. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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