Following the enactment of Senate Bill No. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. I will apologize for the loss of life - theres no replacing a life, Baca said. 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. (a)(17), (c) & (d); see also CALCRIM No. Baca was also convicted of being a felon in possession of a firearm. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temmes wife at a Arden Arcade motel in 2017. Join Facebook to connect with Rebecca Temme and others you may know. 536, 612.) No evidence was presented about defendant's awareness of the particular dangers posed by the crime, beyond his concern to schedule the robbery after the store's closing time. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); We do not review his conviction on this appeal. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. Regs., tit. PublisherID: '295095078288711', ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. I mean, I feel like you can never forget someones face when you see them die. 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. In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. "She was a good person. 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. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. 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. ( 1202.4, subd. 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. ' " (Clark, supra, 63 Cal.4th at p. (Clark, supra, 63 Cal.4th at p. 1600 [Robbery].) Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. (Id. Defendant went by the nickname "Baby Girl.". Beginning on May 1, 2019, Archuleta testified as a prosecution witness. Movies. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. . 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. large fine I am imposing.". 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. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. Rebecca 'Baby Girl' Temme. Baca and Temme were also convicted of two counts of robbery. (function (v,i){ . Distractify is a registered trademark. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). As for his apprehension the next day, Baca explained that a high-speed car chase ensued after he instructed defendant to "get up outta here" when police officers started to follow them. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. ' [Citation.]" This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. (Id. 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. 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 . Baca's rap sheet includes convictions for assault with a deadly weapon; possessing dangerous weapons; destroying or concealing evidence for the benefit of a street gang; battery against a peace officer; possession of dirk or dagger; threatening a public officer; and domestic violence. 1164.) (a).) (a)(1)-(2).) Deputies later found Montoya with a fatal gunshot wound to the head. 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. He executed her right in front of you. The letters were written by "Harliquinn Baby Girl" and "B.G." Undesignated statutory references are to the Penal Code. Make your practice more effective and efficient with Casetexts legal research suite. ( 211.) ), "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. At that time, Archuleta was in custody for a felony she committed in 2018. During season one, Temme received approval to be released into the general prison population. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). . We are currently working on another Netflix Jailbirds update, so stay tuned! 17FE005228). Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Rebecca Temme, Self: Jailbirds. And I went on a high-speed chase because I didn't want to get caught. (a)(17), (c) & (d); see also CALCRIM No. Defendant's intent to take the property must have been formed before or during the time she used force or fear. 623. (Id. (Banks, supra, 61 Cal.4th at p. 654.) " (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].) This cookie is set by GDPR Cookie Consent plugin. First published on May 14, 2019 / 11:38 AM. Its one of the most callous things Ive ever heard, Sawtelle said. She was a very outspoken person. This story was originally published June 28, 2019, 5:16 PM. If you have an urgent deadline, . (People v. Bryant (2013) 56 Cal.4th 959, 965. During season one, Temme received approval to be released. 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. A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. 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. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) (a)(3).) Code, 70373) for each of defendant's three convictions. at p. 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. vioptional1: '', (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) 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]." 'All persons concerned in the commission of a crime, . James Martin Baca, 39, and Rebecca Irene Temme, 36, were convicted by a jury May 14 of two counts of robbery and the first-degree murder of Leonora Montoya, according to a District Attorney's . (Clark, supra, 63 Cal.4th at pp. Thus, following the enactment of Senate Bill No. She is still serving out her sentence. Language: 'en-us', And Ill never forget her face. Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. Cal. 621. Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. (Ibid. FontSize: '', (Id. ", At the time, that's all Rebecca wanted to say about her case. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. "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. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' We shall modify the judgment accordingly. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. Like Ill never forget the look she gave me. 15, 3040, subd. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. top of page. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Three cell phones were found in the back of Montoya's car. Netflix's newest docuseries Jailbirds has everyone talking. 801.) Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. Malice shall not be imputed to a person based solely on his or her participation in a crime.' Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. 620-621.) James Martin Baca, 37, and Rebecca Irene Temme, 35, of. In the other incident, he was shot in the ankle. "I can't really discuss it because I'm still fighting it," she went on. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. Bacas criminal history includes convictions for assault with a deadly weapon; possessing dangerous weapons; destroying or concealing evidence for the benefit of a street gang; battery against a peace officer; possession of dirk or dagger; threatening a public officer; and domestic violence. 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. In late April 2019, defendant passed two notes to other inmates, instructing them to warn Archuleta that she was aware Archuleta intended on testifying against her and Baca, and that she would be "catching up with [Archuleta] real soon." " (People v. Edwards (2013) 57 Cal.4th 658, 715. ), The major participant requirement means a defendant's personal involvement must be "substantial" and greater than the actions of an ordinary aider and abettor to an ordinary felony-murder. Montoya refused to hand over the keys and Baca shot her dead. 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. The incident happened back in March 2017. 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