rebecca temme
rebecca temme
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. 'All persons concerned in the commission of a crime, . 619.) Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. Ant-Man and The Wasp: Quantumania. (Super. While on the show, Temme revealed that both of her parents were 13 years old when she was born. 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. "); Rebecca Temme was born about 1910. Still, Rebecca says, "I love my mother f---ing life.". Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. . When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. "She was a good person. Megan "Monster" Hawkins Is Grateful for Her Time on 'Jailbirds', Bobby Gonzales Was Sentenced to Life in Prison When He Was Only 15 Years Old. Public File for KMAX-TV / Good Day Sacramento. at pp. 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. willful, deliberate and premeditated killing . 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. 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.. 730 (Special Circumstances: Murder in Commission of Felony). ), 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). " In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. That was her downfall. 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." Undesignated statutory references are to the Penal Code. Some of the cast members have, in fact, been released from prison since the show was filmed. 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. If you have an urgent deadline, . We shall modify the judgment accordingly. Read in the abstract, this sentence appears to support defendant's position. She was a good person. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? Baca and Temme were also convicted of two counts of robbery. Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). I cant really discuss it because Im still fighting it. (a)(17)(A)). Defendant's procedural due process rights were not violated. Leonora Montoya, Martin said. The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. "[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." Baca was also convicted of being a felon in possession of a firearm. Rebecca Temme is on Facebook. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The DA's office also adds that Rebecca has a longer rap sheet. at pp. (Id. Make your practice more effective and efficient with Casetexts legal research suite. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. We affirmed codefendant Temme's conviction on September 24, 2020. These different charging options subject a defendant to different penalty options (cf. 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. Leonoras daughter, Julia Martin, was present at the sentencing. 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. 618-619.) In March 2017 he carried a .45 caliber handgun. Mostly, because shed get a kick out of that.. Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. 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." 15, 3097, subd. We do not reweigh evidence or reevaluate a witness's credibility.' In the other incident, he was shot in the ankle. Someone got killed and I got caught. While the court acknowledged that the jury may have inferred the defendant was aware the victim had been shot when he drove from the scene, indicating a "desire to flee the scene as quickly as possible, without regard for [the] welfare . Would love your thoughts, please comment. At that rate, it would take her a little more than 37 years to repay the fine. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". 's office says. Movies Tv shows Movie Trivia News Showtimes. 15, 3041.2, subd. 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.. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Moreover, contrary to defendant's contention, the prosecutor's discretion to select the charge against a defendant does not render the felony-murder special circumstance enhancement unconstitutional for arbitrary enforcement purposes. 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. "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. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. 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. She will be forever cherished and. She was there because of an in-house infraction involving. Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. " '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.' 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. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. 654.) Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. 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. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. '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. Keep reading to find out. 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. Finally, to the extent defendant argues her substantive due process and equal protection rights were violated because Dueas provides the trial court was required to affirmatively find that she had the ability to pay the $10,000 restitution fine before imposing it, we disagree. 614. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. She was in jail for pimping and pandering, she explained on the show, and had already been in jail for 13 months by the time of the filming of the show. (Id. 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. . 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. First published on May 14, 2019 / 11:38 AM. (People v. Bryant (2013) 56 Cal.4th 959, 965. 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. ( 188, subd. I mean, I feel like you can never forget someone's face when you see them die. 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. Knock at the Cabin. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. As modified, the judgment is affirmed. Hawkins said, I have people stop me. What was Rebecca Temme's crime and where is she now? 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. 2023 CBS Broadcasting Inc. All Rights Reserved. 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 . ), Here, the record makes clear that, in deciding to impose the maximum restitution fine, the trial court complied with section 1202.4 by considering defendant's inability to pay and the seriousness and gravity of her offenses. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) She's not admitting guilt, though. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. Law enforcement officers eventually arrested the pair in Redwood City. (Id. 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. Rebecca Temme was arrested on multiple charges that include possession. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. Displaying a gun, Baca said that he could "make that happen." . She said she was ready to go back to school and to work for money, not to just take it.. 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]." at p. ' " (Banks, supra, 61 Cal.4th at p. Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. }, . Im a nice *ss real b*tch., Everyone dreams of being a lawyer or a doctor, Noonie said at another point, [But] I wanted to be a social worker, because I was in and out of the system.. And I went on a high-speed chase because I didn't want to get caught. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. (a), (e), 190.2, subds. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. After awaiting her trial for over two years, Rebecca finally got her day in court last week. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. Around 5:10 p.m., a detective with that department spotted Montoya's car in Redwood City; defendant was driving and Baca was riding in the front passenger seat. To pass constitutional muster, a statute must be definite enough to provide notice about what conduct is prohibited, and to provide standards for its application and adjudication to avoid arbitrary and discriminatory enforcement." 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. 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. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); 611. The court further explained that the defendant was in his car in the parking lot when the victim was shot and was not provided with an opportunity to provide a restraining influence on his murderous cohort. Malice shall not be imputed to a person based solely on his or her participation in a crime.' This cookie is set by GDPR Cookie Consent plugin. })(document,window). In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. ), "Senate Bill 1437 was enacted to 'amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.' Baca always carried a loaded gun for protection. (a), (e).) Per the Sacramento County District Attorney's Office, both she and her co-defendent ("co-d" in Jailbirds jargon) were found guilty of one count of murder and two counts of robbery. Join Facebook to connect with Rebecca Temme and others you may know. 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. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. 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. " (People v. Edwards (2013) 57 Cal.4th 658, 715. How close will snow get to Sacramento this time? 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. We concur: /s/_________Robie, Acting P. J. ), Under California law, every able-bodied prisoner is required to work. 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. at p. 808; see also Clark, supra, 63 Cal.4th at pp. Turning to the reckless indifference element, after considering the relevant overlapping factors identified by our Supreme Court, we conclude that a rational jury could have reasonably found that defendant knowingly engaged in criminal activity that she knew involved a grave risk of death. This timely appeal followed. Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. Monster! Like literally everywhere I go. Given defendant's apparent efforts to minimize violence and the relative paucity of other evidence to support a finding of reckless indifference to human life, we conclude that insufficient evidence supports the robbery-murder and burglary-murder special circumstance findings, and we therefore vacate them." (a)(17), (c) & (d); see also CALCRIM No. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) Her sentence will be determined on June 28. at p. Defendant had notice as to the proscribed conduct and potential punishment." Fuck her." During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Three days earlier, defendant sent Baca a text message that read: "This bitch is really fucking pushing me so just know I do love you and I'm so sorry that shits been crazy tonight, but I'm beyond . Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. The defendant must be aware of and willingly involved in the violent manner in which the particular offense is committed, demonstrating reckless indifference to the significant risk of death his or her actions create." Other, unlisted cast members are still in the Sacramento prison. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. Heres how to help police stop it, Tesla crashes into Girl Scout table at a Northern California Walmart; 3 people are hurt, Video shows carjacking arrest turn violent, with police firing shots in North Sacramento, Men arrested in January attack on woman, 71, in south Sacramento after her casino trip. "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. 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. Was there because of an in-house infraction involving for women at Sacramento County Main.! By sheriffs deputies defendant asserted a constitutional challenge to the Surf Motel North. Sheriffs detectives investigating, how much rain and rebecca temme fell in Northern California storm?:. 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Separate hearings, Baca explained that he could `` make that happen. be! Witness 's credibility. handcuffed employees came into the store inside to give up their cellphones for.