As she lay there bleeding out, you went through her pockets. 618-619.) 807.) Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. 15, 3040, subd. Montoya refused to hand over the keys and Baca shot her dead. 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 . The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. ), Finally, the court considered the defendant's "apparent efforts to minimize the risks of violence," i.e., (1) the robbery was planned for closing time when most employees would be gone, (2) the gun was apparently supposed to have been unloaded, and (3) the gun was loaded with only one bullet (Clark, supra, at pp. (Id. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. We do not reweigh evidence or reevaluate a witness's credibility.' That was her downfall. 15, 3041.2, subd. scJsHost+ . If you have an urgent deadline, . She argues that the record does not contain substantial evidence supporting the conclusion that she aided and abetted the robbery of Archuleta, since the evidence failed to show that she intended to rob Archuleta or did anything to facilitate the robbery of Archuleta. (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). In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. When Montoya called defendant, she was told that the tattoo Archuleta wanted would cost $30. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. 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. 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. Like Ill never forget the look she gave me.. Haslam and Carter also communicate via kites, letters sent through the toilet. ( 1202.4, subd. 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. 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. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. Baca remained unrepentant to the end. Source: Netflix Article continues below advertisement Rebecca Temme's Crime Cocaine Bear. The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. "; (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?' She was a good person. Rebecca Temme, Self: Jailbirds. 801.) Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. 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." (Super. Asa Hawks is a writer and editor for Starcasm. ", During a jail visit following the shooting, defendant admitted to Clark (her aunt) that she took everything Montoya had on her person, including her car key. Baca and Temme also allegedly demanded a woman's car keys. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. Thus, following the enactment of Senate Bill No. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." Prior to the statutory amendments enacted by Senate Bill No. 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 . Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. 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 only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. Baca gave the following account of the shooting and the events leading up to the shooting: In the early evening of March 19, 2017, defendant told him that she had arranged a drug deal with Montoya and for him to give another person a tattoo. (Ibid.) (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. 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). Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. Shes expected to stand before a judge on May 31. Sess.) She hopes to "be reclassified as a high GP inmate" and her request is initially approved, but as soon as she is reunited with her sister Shayna which goes much more sour than planned she's quickly returned to AdSeg for disruptive behavior. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. She just made some f---ed up decisions," Rebecca recalls. Substantively, Senate Bill 1437 accomplishes this by amending section 188, which defines malice, and section 189, which defines the degrees of murder, and as now amended, addresses felony murder liability." (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. ( 2700; Cal. (adsbygoogle = window.adsbygoogle || []).push({}); Although Rebecca mentions that the victim, Leonora Montoya, was her wife, I could find no confirmation that they were actually married in the numerous news articles about her arrest and conviction. Keywords: '', Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. 22. In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. The defendants were later located in Redwood City. "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. "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. These assessments are mandatory "and may be added on review." This cookie is set by GDPR Cookie Consent plugin. " (People v. Edwards (2013) 57 Cal.4th 658, 715. 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. In the other incident, he was shot in the ankle. Gov. Then, while the defendant sat in the parking lot in a car, his brother and another man, who apparently believed the store belonged to the defendant, were to help Ervin remove computers from the store and load them into the U-Haul that was parked nearby. 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.. The Clark court explained that, in contrast to first degree felony-murder, "the actus reus for the felony-murder aider and abettor special circumstance requires more than simply being an aider and abettor of the underlying felony under section 31. Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove, Netflix Takes Viewers Inside Sacramento County Jail, Public File for KMAX-TV / Good Day Sacramento. The asportation, the final element of the offense of robbery, continues so long as the stolen property is being carried away to a place of temporary safety. We disagree. at p. 1170). She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. Offers may be subject to change without notice. Its one of the most callous things Ive ever heard, Sawtelle said. }, This requires more than the foreseeable risk of death inherent in any armed crime. Join Facebook to connect with Rebecca Temme and others you may know. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. He and defendant then fled to the San Francisco Bay Area in Montoya's car. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. . 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. She was sentenced to seven years in prison, and is eligible for parole in 2022. 654.) ALSO:Netflix Takes Viewers Inside Sacramento County Jail. [Citation.]' Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. He executed her right in front of you. She was involved in an armed robbery of two victims that resulted in the fatal shooting of one of those victims, so the seriousness of the crime supported the maximum fine. ' "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." 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