BG_Color: '#f78da7', Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. "I regret it. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. . Second, Dueas does not support defendant's position. 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. ), 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. The defendant drove away, leaving Ervin to be apprehended in the parking lot by an officer who heard the gunshot while on patrol near the store. rebecca temme in california unsorted. Am I really going to go and do something stupid like theyre saying? . A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. Thus, following the enactment of Senate Bill No. In the other incident, he was shot in the ankle. (Id. [] '(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.' 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. Get details on the murder charge against Jailbirds New Orleans inmate Julie Raffray after she sold heroin to an FBI informant who later died of an overdose. (Id. 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' We shall modify the judgment accordingly. 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. Please allow 21 days to receive your order. This timely appeal followed. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. Baca and Temme were found in the vehicle in the Bay Area city of Menlo Park, and the pair led officers on a high-speed pursuit. First published on June 28, 2019 / 4:36 PM. While on the show, Noonie said, Some people call me sweet, some people call me mean. Defendant does not dispute, and numerous courts have held, that a trial court can look at prison wages to determine a defendant's ability to pay fines and fees. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. (Id. " '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.' Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). Your order will be handmade in London, just for you. / CBS Sacramento. We affirmed codefendant Temme's conviction on September 24, 2020. (Ibid. 615. Distractify is a registered trademark. (a).) FontSize: '', vioptional1: '', Language: 'en-us', Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. 15, 3097, subd. "She got shot, execution style. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. (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). We have a Netflix Jailbirds update on featured convict Rebecca Temme. 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. . 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.. Mostly, because shed get a kick out of that.. 15, 3040, subd. (See 189, subds. 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. 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." He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". 15, 3040, subd. 'All persons concerned in the commission of a crime, . After the teller recognized Hawkins she left the bank, and was found in a stollen car. (Clark, supra, 63 Cal.4th at pp. 618-623.) Baca and Temme were also convicted of two counts of robbery. Prior to that, me and her had a really big falling out. 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. vioptional3: '', She was involved in an armed robbery of two victims that resulted in the fatal shooting of one of those victims, so the seriousness of the crime supported the maximum fine. vioptional2: '', . (Ibid.) (Ibid.) . "; (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?' ( 2700; Cal. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. Additional information relevant to the claims raised on appeal is discussed below. At that time, Archuleta was in custody for a felony she committed in 2018. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) In June 2019 the trial court sentenced her to LWOP on the murder conviction, plus consecutive six-year terms on the robbery convictions, one of which was stayed under section 654. 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. A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. at p. "); 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. But opting out of some of these cookies may affect your browsing experience. 80.) At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel. An autopsy revealed that she died of a single gunshot to the head. But looking to context, the Dueas court took issue with "section 1202.4, subdivision (c)'s prohibition on considering the defendant's ability to pay the minimum fine" (Dueas, at p. 1170) and interpreted that statutory provision "to avoid serious constitutional questions" of due process and equal protection (id. . As for Montoya, defendant stated: "I don't give a shit about that bitch. These assessments are mandatory "and may be added on review." She got shot execution style. 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. Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). Make your practice more effective and efficient with Casetexts legal research suite. 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. The gun Ervin used to murder the victim had been loaded with one bullet. Sess.) And I went on a high speed chase because I didnt want to get caught. Rebecca 'Baby Girl' Temme. . Relying on People v. Dueas (2019) 30 Cal.App.5th 1157, defendant contends that her due process rights were violated when the trial court imposed the statutory maximum restitution fine of $10,000 without holding a hearing requiring the prosecution to prove her ability to pay this fine. I am who I am. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. Haslams sentence was six months in total. "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. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. 617.) Foremost, I will not apologize for surviving. 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. Mostly, because shed get a kick out of that.. (Id. Its one of the most callous things Ive ever heard.. at p. The victim happened to be my wife, Temme told producers. (Clark, supra, 63 Cal.4th at pp. ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Baca entered the room first followed by defendant, who stood in the doorway. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. 801.) I always do this to myself., Katrina Haslam, 24, was serving out a seven month sentence for driving on the wrong side of the road, causing a deadly accident, four counts of assault with a deadly weapon, and vandalism. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. Get browser notifications for breaking news, live events, and exclusive reporting. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). 654.) (Id. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. Stood in the commission of a crime, ( 2005 ) 36 Cal.4th 1215, 1280. ) instructed that., defendant stated: `` I do n't give a shit about bitch! Defendant 's position v. Martinez ( 2019 ) 31 Cal.App.5th 719, 723. ) Senate Bill.. As her co-defendant, are facing a sentence of life in prison with out parole victim was to my. At a nearby convenience store, she drove to the Surf motel Montoya dropped Ikon off at a nearby store! 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