rebecca temme

. Am I really going to go and do something stupid like theyre saying? [] '(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.' var sc_invisible=1; During season one, Temme received approval to be released. 807.) The ultimate question "is 'whether the defendant's participation "in criminal activities known to carry a grave risk of death" [citation] was sufficiently significant to be considered "major" [Citation].' 614. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. There was no evidence Ervin was known to have a propensity for violence or the defendant had any knowledge of such a propensity. Challenges to statutes on grounds of vagueness that do not threaten First Amendment interests are examined in light of the facts of the case at hand, and "the statute is judged on an as-applied basis." Leonoras daughter, Julia Martin, was present at the sentencing. 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." 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. 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. 617.) At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. (Clark, at p. When he and defendant met Montoya at a gas station, he became upset and walked away because he thought he was being set up, as he believed the two people with Montoya (i.e., Archuleta and Ikon) were men. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. 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. We determine 'whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' large fine I am imposing.". On this record, we find no abuse of discretion in the trial court's decision to impose a maximum restitution fine of $10,000, as the amount was within the statutory range and justified by the relevant statutory considerations. Therefore, a getaway driver who has no prior knowledge of a robbery, but who forms the intent to aid in carrying away the loot during such asportation, may properly be found liable as an aider and abettor of the robbery." They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. [] 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.' Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." "Temme's criminal history includes convictions for battery upon a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft," according to the report. I mean, I feel like you can never forget someone's face when you see them die. 621. 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. And I'll never forget her face. . 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. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. Defendant and Baca immediately went through Montoya's pockets. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. 623. Mostly, because shed get a kick out of that.. 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. at p. (a), 189, subds. I hope she haunts you. Baca and Temme were also convicted of two counts of robbery. 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." This website uses cookies to improve your experience while you navigate through the website. ( 188, subd. Regs., tit. "[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 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. The incident happened back in March 2017. I regret it. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). ), Applying the foregoing factors, the Clark court vacated robbery-murder and burglary-murder special circumstance findings where the defendant was "the mastermind who planned and organized the attempted robbery and who was orchestrating the events at the scene of the crime." When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. Here's a look at who has been released, who's been re-arrested. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. [] . In 1940, she was 30 years old and lived in Houston, Texas. 620.) Sess.) (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). (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). at pp. Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. ), 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]. 730 (Special Circumstances: Murder in Commission of Felony). People may receive compensation for some links to products and services on this website. 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. 357.). I am who I am. 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." 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. var scJsHost = (("https:" == document.location.protocol) ? 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. Defendant also implied that she could have prevented Montoya's death but decided not to. 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 . After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. (Banks, supra, 61 Cal.4th at p. Im not that dumb.. Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. . " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) (Id. The victim happened to be my wife, Temme told producers. scJsHost+ Facebook gives people the power to share and makes the world more open and connected. In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." Because we conclude that the record contains sufficient evidence from which a reasonable jury could have found defendant guilty on this theory of felony-murder liability, we need not and do not address defendant's sufficiency of the evidence contention regarding the alternative theory of liability, aiding and abetting. A high-speed chase ensued, during which Baca threw a cell phone out the window. Get browser notifications for breaking news, live events, and exclusive reporting. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com The statutes are not vague as to notice and defendant does not argue otherwise. Join Facebook to connect with Rebecca Temme and others you may know. We concur: /s/_________Robie, Acting P. J. Montoya refused to hand over the keys and Baca shot her dead. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. One of the two also took Archuleta's cell phone after the shooting. ), 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. Rebecca Temme Last Updated: January 27th, 2023 Jail Location California 41yo Information Control Personal Details Recent Arrests Booking location: California Arrest facts in California Tempel, Daniel Tempel, Brian Theyre like, Oh my God! You also have the option to opt-out of these cookies. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. 1437, to determine whether a defendant was culpable of first degree murder on an aider and abettor theory, our Supreme Court differentiated the elements required for first degree felony-murder from those required for felony-murder special circumstance. . "I regret it. NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). 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. 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. 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. vioptional2: '', These cookies ensure basic functionalities and security features of the website, anonymously. When Ms. Montoya didnt comply, Baca shot her. She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. at p. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. [Citation.] And I went on a high speed chase because I didnt want to get caught. (a), (e), 190.2, subds. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). vioptional3: '', The DA's office also adds that Rebecca has a longer rap sheet. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. 2.) (Id. (CALCRIM No. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. 617-618 [participation in an armed robbery, alone, does not demonstrate reckless indifference to human life].) So if everywhere I go, people stop me and they want to take pictures and they want me to sign an autograph, come on now. are principals in any crime so committed.' The cookies is used to store the user consent for the cookies in the category "Necessary". Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). Trending on RT. It does not store any personal data. ' " (Banks, supra, 61 Cal.4th at p. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. We disagree. " --------. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. 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. (Clark, supra, 63 Cal.4th at p. 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. He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. 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." On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. Defendant had notice as to the proscribed conduct and potential punishment." COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). (Banks, supra, 61 Cal.4th at p. She was there because of an in-house infraction involving. The defendant also secured use of a U-Haul truck by having another person rent the truck using a false driver's license defendant helped her procure. Defendant drove and he sat in the front passenger seat. 15, 3097, subd. In March 2017, he carried a .45 caliber handgun. Critics. Movies Tv shows Movie Trivia News Showtimes. Like, I'll never forget the look she gave me.". Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. Malice shall not be imputed to a person based solely on his or her participation in a crime.' at p. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. After Montoya entered the room and sat down in a chair, defendant closed the door. Ant-Man and The Wasp: Quantumania. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. 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. Ct. No. The cookie is used to store the user consent for the cookies in the category "Other. As she lay there bleeding out, you went through her pockets. Rebecca Temme, Self: Jailbirds. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. 1164.) This was sufficient evidence from which a reasonable jury could have concluded that defendant was a major participant in the robberies within the meaning of section 190.2, subdivision (d). She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." The statutes give notice to a defendant that if he or she aides and abets an enumerated felony (including robbery) that results in death, he or she could be subjected to a sentence of 25 years to life, LWOP, or death. Your order will be handmade in London, just for you. According to Archuleta, Montoya did not do anything to provoke the shooting. ' " (Clark, supra, 63 Cal.4th at p. (a)(3).) First published on May 14, 2019 / 11:38 AM. . At Baca's direction, defendant drove to the San Francisco Bay Area. "All murder that is perpetrated by . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. "); (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. Mostly, because shed get a kick out of that.. She said she was ready to go back to school and to work for money, not to just take it.. The plan was for one man, Ervin, to enter the store around closing time with a gun, which was "apparently [supposed] to be unloaded," and handcuff the remaining employees in the restroom so no one could call the police. In finding defendant guilty of first degree murder, the jury concluded that she was guilty of that crime under a felony-murder theory. The judgment is modified to impose a $120 court operations assessment under section 1465.8, and a $90 court facilities assessment under Government Code section 70373. We disagree. " He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. These different charging options subject a defendant to different penalty options (cf. Get browser notifications for breaking news, live events, and exclusive reporting. Haslams sentence was six months in total. "Because I'm on the Netflix documentary I feel like it's like the perfect opportunity for them to like really slap the book at me," Hawkins told CBS. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. (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. notice: mugshots.com is a news organization. The victim happened to be my wife. 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. Temme and a man, James Martin Baca . 612, 623.) 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. The gun Ervin used to murder the victim had been loaded with one bullet. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. Copyright 2023 Heavy, Inc. All rights reserved. top of page. Code Regs., tit. An autopsy revealed that she died of a single gunshot to the head. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. That was her downfall," she continued. 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. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. (a), (e), 190.2, subds. (See 189, subds. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. document.write("

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