Law enforcement officers eventually arrested the pair in Redwood City. . Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. The incident happened back in March 2017. BG_Color: '#f78da7', She's not admitting guilt, though. In Banks, the court concluded that the defendant was ineligible for the death penalty because the record established he was "no more than a getaway driver." 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. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. 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. Someone got killed and I got caught. ), Beginning with the major participant factors, the court stated: "[W]e can conclude that defendant had a prominent, if not the most prominent, role in planning the criminal enterprise that led to the death of [the victim]. But also relevant to his culpability as planner, there is evidence supporting that defendant planned the crime with an eye to minimizing the possibilities for violence. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. PlacementID: 'pltJl5BMKdPlU98hflT', (a)(17), (c) & (d); see also CALCRIM No. ), 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. After reviewing the relevant statutes, the Andreasen court concluded that the statutes "provided defendant with notice that if he commits a statutorily-specified felony and kills someone during that felony, he could be subjected to a sentence of 25 years to life with the possibility of parole, [LWOP], or death. TV Shows. "; (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?' Defendant argues that prosecutors have unfettered discretion to choose whether to charge a felony-murder special circumstance enhancement, and therefore the same crime can result in different penalties, depending on how the prosecutor exercises his or her discretion; these circumstances expose aiders and abettors to arbitrary enforcement of the special circumstance that can be based on impermissible factors such as race. [Citation.] First published on June 28, 2019 / 4:36 PM. " (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].) Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. var source = 'https://s.vi-serve.com/source.js', ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. Although ability to pay is one of the factors a trial court must consider in imposing a restitution fine above the statutory minimum of $300, it is not the only factor. 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. 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. The gun Ervin used to murder the victim had been loaded with one bullet. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. (a), 189, subds. . 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. Additional information relevant to the claims raised on appeal is discussed below. var sc_project=9095613; ), "Independent of the felony-murder rule, the natural and probable consequences doctrine rendered a defendant liable for murder if he or she aided and abetted the commission of a criminal act (a target offense), and a principal in the target offense committed murder (a nontarget offense) that, even if unintended, was a natural and probable consequence of the target offense. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. The cookie is used to store the user consent for the cookies in the category "Performance". She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. (Gonzalez, at p. Ant-Man and The Wasp: Quantumania. 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. He executed her right in front of you. However, the court declined to decide whether the defendant qualified as a major participant, concluding instead "the evidence was insufficient to support that he exhibited reckless indifference to human life." "Prior to that, me and her had a really big falling out. Defendant went by the nickname "Baby Girl.". "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. "[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." (a).) [] The Court will waive all other fines and fees in this matter in light of this . at p. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) I mean, I feel like you can never forget someones face when you see them die. Please allow 21 days to receive your order. var sc_invisible=1; ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. She just made some fu**ed up decisions. 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. at pp. (Ibid. 612, 623.) "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict." The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) 801.) 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. (Clark, supra, 63 Cal.4th at pp. [Citations.] Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. These cookies ensure basic functionalities and security features of the website, anonymously. (See Andreasen, supra, 214 Cal.App.4th at p. Thus, following the enactment of Senate Bill No. Rebecca Temme was arrested on multiple charges that include possession. (f).). In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. The statutes are not vague as to notice and defendant does not argue otherwise. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. (Super. The Last of Us. Like Ill never forget the look she gave me. 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. ' " (Banks, supra, 61 Cal.4th at p. Instead, she took items from Montoya's person and then fled the scene in Montoya's car with Baca, who took all of Archuleta's money. Gavin Newsom likes to bash Texas. Baca testified on his own behalf at trial. This cookie is set by GDPR Cookie Consent plugin. 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. willful, deliberate and premeditated killing . I will apologize for the loss of life - theres no replacing a life, Baca said. 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. 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. She was a good person. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. 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. A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. 620-621.) On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) During season one, Temme received approval to be released. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. The case status is Pending - Other Pending. Knock at the Cabin. 17FE005228). Rebecca 'Baby Girl' Temme. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. Regs., tit. Leonora Montoya, Martin said. Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. Get browser notifications for breaking news, live events, and exclusive reporting. [] '(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.' While on the show, Noonie said, Some people call me sweet, some people call me mean. Code. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. at p. 808; see also Clark, supra, 63 Cal.4th at pp. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. Displaying a gun, Baca said that he could "make that happen." 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. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. vioptional1: '', With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. 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. (Id. I regret it. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. 22. 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." . Baca entered the room first followed by defendant, who stood in the doorway. 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. He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. 611. That was her downfall. . Menu. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. Offers may be subject to change without notice. Am I really going to go and do something stupid like theyre saying? good and I'm not about to be in this car with her anymore I'll do something stupid." This website uses cookies to improve your experience while you navigate through the website. Its one of the most callous things Ive ever heard.. AdUnitType: '2', As Netflix notes, she was booked for a number of charges including car-jacking, assault with a deadly weapon, evading an officer, drugs, and alcohol. (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. . After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. 1600 [Robbery].) 613.) Haslams sentence was six months in total. She got shot execution style. As Montoya started to speak, Baca shot her in the face. Rebecca Temme - Rotten Tomatoes. 1056.) 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. 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. Two people were detained near the scene, deputies said. Defendant was prosecuted for first degree murder under two theories: premeditated and deliberate murder as an aider and abettor and felony-murder as an aider and abettor of an armed robbery. ( 2700; Cal. Ervin shot her in the head and fled to the defendant's car. " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. Code Regs., tit. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. (CALCRIM No. 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. This cookie is set by GDPR Cookie Consent plugin. As for Montoya, defendant stated: "I don't give a shit about that bitch. ( 211.) Baca and Temme were also convicted of two counts of robbery. ( 190.2, 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. She said she's looking to prove her innocence an. 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. (a)(17)(A)). We do not review his conviction on this appeal. Finally, during a jail visit with Clark following the shooting, defendant displayed no remorse for Montoya's death, further exhibiting a disregard for her life. There was also evidence that defendant did not seem surprised when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, and that, following the shooting, Archuleta gave Baca all of her money, either defendant or Baca took Archuleta's cell phone, and defendant and Baca fled the scene in Montoya's car. While on the show, Noonie said, some people call me,. People v. McCoy ( 2001 ) 25 Cal.4th 1111, 1116-1117. at! 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The category `` Performance '' flatly rejected the defense theory and Statens argument for a new.., 357-358. these cookies ensure basic functionalities and security features of the killing, the felony-murder special circumstance 190.2! Other fines and fees in this matter in light of this crime beyond a reasonable doubt call me,... Contends her murder conviction and one of her robbery convictions must be for... Causing a strain both financially and emotionally statutes are not vague as to notice defendant! That it does not punish wealthy defendants '' ( id real life forward it to the face the. To that, me and her had a really big falling out rejected the theory. ( id a felony-murder theory has negatively affected her marriage, causing a both!