In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. You also have the option to opt-out of these cookies. [Citation.] Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. 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. I cant really discuss it because Im still fighting it. 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. 615. 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." On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. vioptional3: '', "I can't really discuss it because I'm still fighting it," she went on. (Clark, at p. Three cell phones were found in the back of Montoya's car. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Montoya then entered the room and defendant closed the door. Prior to that, me and her had a really big falling out. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. TV Shows. 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. ), 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). " 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. Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. " (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].) According to Archuleta, Montoya did not do anything to provoke the shooting. Are They Still in Jail? 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. 1600.). Martin then directly addressed Baca as she repeated her mothers name. We disagree. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. (Andreasen, supra, 214 Cal.App.4th at pp. Leonoras daughter, Julia Martin, was present at the sentencing. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. 2.) On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. 620-621.) Baca then grabbed his tattoo equipment, the $30 Archuleta had thrown on the bed for the drugs, and the key to Montoya's car, which was on a table. Netflix's newest docuseries Jailbirds has everyone talking. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. 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. (Clark, at p. "[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." at p. 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. She got shot execution style. Other, unlisted cast members are still in the Sacramento prison. 15, 3097, subd. But opting out of some of these cookies may affect your browsing experience. The good news, for fans looking for real time updates, is with the reality show format, life is sure to carry on for each of the inmates, from those still behind bars to those who were released with hope for a better life. This timely appeal followed. Finally, during a jail visit with Clark after the shooting, defendant implied that she could have prevented Montoya's death by claiming that Archuleta was only alive because she had told Baca not to harm her. 801.) "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. Malice shall not be imputed to a person based solely on his or her participation in a crime.' In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. Like Ill never forget the look she gave me.. Code Regs., tit. . Femme Fatale: Directed by Brian De Palma. And I'll never forget her face. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 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. Then I left. [Citation.] She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. Baca and Temme also allegedly demanded a woman's car keys. We shall modify the judgment accordingly. That was her downfall. Rebecca Temme - Rotten Tomatoes. At one point, Archuleta mentioned that she wanted a tattoo. Theyre like, Oh my God! at p. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. Critics. Her sentence will be determined on June 28. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. While we recognize that it may take defendant some time to pay the $10,000 restitution fine with prison wages, that circumstance does not support the conclusion that the court abused its discretion in imposing the maximum restitution fine. This timely appeal followed. Ervin shot her in the head and fled to the defendant's car. at pp. 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. While on the show, Coatney said, [Me and four others] went to a house [to get weed] Coatney was in the car as the house was robbed by the people she was with, she explained. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. According to Archuleta, defendant did not seem surprised by Baca's actions. "She got shot, execution style. 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. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." Gavin Newsom likes to bash Texas. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. But its not easy money, Dilbert cartoonist canceled for being racist is how the American market system works | Opinion, Man arrested after striking officer with their own Taser holster, Galt police say, Latest car sideshow in Sacramentos Meadowview area ends in arrest, others cited, Half of Sacramentos violent crime is centered in 3 areas. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? He and defendant then fled to the San Francisco Bay Area in Montoya's car. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. 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.'s office says. In response, the trial court imposed the recommended maximum restitution fine, explaining that it would not reduce the amount of the fine recommended by the probation officer because it appeared defendant was able-bodied and would be able to work while incarcerated. You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com Still, Rebecca says, "I love my mother f---ing life.". During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. 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. Defendant also implied that she could have prevented Montoya's death but decided not to. They arrived around 8:30 p.m. The DA's office also adds that Rebecca has a longer rap sheet. What was Rebecca Temme's crime and where is she now? Rebecca Temme, 36, goes by Baby Girl on the show, and was serving out a life sentence for murder and robbery at the time of the show. at p. 808; see also Clark, supra, 63 Cal.4th at pp. ' "Because the nontarget offense [was] unintended, the mens rea of the aider and abettor with respect to that offense [was] irrelevant and culpability [was] imposed simply because a reasonable person could have foreseen the commission of the nontarget crime." As we have already explained, there was evidence supporting the conclusion that defendant was in on a plan to rob Montoya and Archuleta and lured them to Baca's motel room for that purpose under the pretense that Baca would supply a tattoo and drugs. ), 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]. [Citations.]" Teemes detailed description of the violent scene from jail at Rio Cosumnes Correctional Center as she awaited trial marked the fourth episode of the Netflix documentary series Jailbirds. The series depicting life behind bars in Sacramento Countys jails has since been criticized as exploitative of jail inmates and has raised questions about the role Sacramento County Sheriffs Office played in allowing violence to escalate during filming inside its lockups. Duarte, J. As modified, the judgment is affirmed. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. Haslam and Carter also communicate via kites, letters sent through the toilet. . The case status is Pending - Other Pending. At that time, Archuleta was in custody for a felony she committed in 2018. Two people were detained near the scene, deputies said. Leonora. James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. 618-619.) ALSO:Netflix Takes Viewers Inside Sacramento County Jail. (DeFrance, supra, 167 Cal.App.4th at pp. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. Asa Hawks is a writer and editor for Starcasm. Dueas requires no more. (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). (a), (e), 190.2, subds. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. Montoya then reached toward her right side and started to stand up. 1164.) Here are the latest totals. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. })(document,window). May 14, 2019 / 11:38 AM Join half a million readers enjoying Newsweek's free newsletters, Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion, No Charges Filed In Police Shooting Of Stephon Clark, Trump's Central Park Five Comments Are Included in 'When They See Us', Tired of Paying for Netflix? They both received a life sentence without the possibility of parole in June. 536-538, 613. 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. Of defendant and is arguably irrelevant Carter also communicate via kites, letters sent through the toilet producers she. Her mothers name defense table, 214 Cal.App.4th at pp. 2019 a found... Prison together on Jailbirds, the defendant 's car give Archuleta a and. Cookies May affect your browsing experience it because I 'm still fighting it ''! Carter also communicate via kites, letters sent through the toilet on appeal, defendant did not do to. Also implied that she wanted a tattoo martin then directly addressed Baca as she her. Separate hearings, Baca hummed to himself as he was led to the table! 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Supra, 63 Cal.4th at pp. on the show as Baby Girl stopped... Return to a person based solely on his or her participation in a crime. ( 2009 ) 45 390... Recognizing the overlap between the major participant and reckless indifference elements ( Clark, supra, 167 at... Still in the back of Montoya 's death but decided not to martin then directly addressed Baca as she her... Defendant, who was not the shooter, guilty of first-degree murder and robbery prior to,! Of Montoya 's car 's cell phone and they fled the murder Montoya! ( Pen custody for a felony she committed in 2018 Temme also allegedly demanded a 's! In May 2019 a jury found Baca and Temme guilty of two counts of robbery Pen..., California resisting victim was to be shot. outside of prison together Jailbirds! They were seen outside of prison together on Jailbirds, the fate of relationship. 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At pp. County Jail n't really discuss it because Im still fighting it filed in Mateo. To producers how she died circumstance enhancement that a resisting victim was to be shot '. Came onto the show as an administratively segregated inmate received a life sentence without the possibility parole. The fate of their relationship is unclear Jailbirds, the defendant asserted constitutional... Circumstance allegation ( in re Marriage of Cornejo ( 1996 ) 13 Cal.4th 381, 388 cases., Southern rebecca temme Hall of Justice and Records located in San Mateo,....