rebecca temme

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. Montoya refused to hand over the keys and Baca shot her dead. Prior to that, me and her had a really big falling out. 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. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. (Ibid. . var scJsHost = (("https:" == document.location.protocol) ? Two people were arrested in connection with the death of a woman found shot in the head at a Sacramento-area motel, deputies said Tuesday. (f). Haslam and Carter also communicate via kites, letters sent through the toilet. (a), Cal. . 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. This cookie is set by GDPR Cookie Consent plugin. "I can't really discuss it because I'm still fighting it," she went on. You also have the option to opt-out of these cookies. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. 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. "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. After reviewing the relevant statutes, the Andreasen court concluded that the statutes "provided defendant with notice that if he commits a statutorily-specified felony and kills someone during that felony, he could be subjected to a sentence of 25 years to life with the possibility of parole, [LWOP], or death. After Montoya entered the room and sat down in a chair, defendant closed the door. 2023 CBS Broadcasting Inc. All Rights Reserved. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. " (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].) at p. 2023 CBS Broadcasting Inc. All Rights Reserved. We affirmed codefendant Temme's conviction on September 24, 2020. Its one of the most callous things Ive ever heard, Sawtelle said. 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. Offers may be subject to change without notice. Notably, also unlike Clark, no steps were taken to minimize the risk of violence. First, we may infer from the court's statement regarding defendant's ability to work that the court found she was able to pay the fine. /s/_________Hoch, J. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. ), In reaching this conclusion, the court explained that while the defendant knew a gun would be used, this fact alone was insufficient to establish reckless indifference. ' "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." The day before the shooting, defendant and Montoya got into a "heated" argument. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. 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." I am who I am. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. It is unclear from the record whether defendant was referring to Montoya in this message. 803. Code Regs., tit. Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. That was her downfall. Baca and Temme also allegedly demanded a woman's car keys. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". (a), (e), 190.2, subds. To the contrary, the decision to conduct the robbery in a motel room, using a gun, tends to show that resistance and violence were anticipated. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. ), Under California law, every able-bodied prisoner is required to work. 17FE005228). 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." At that rate, it would take her a little more than 37 years to repay the fine. A loaded firearm magazine was found on Baca's person and a loaded handgun was found along the route Baca had taken while fleeing on foot. "; (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?' ), Prior to the statutory amendments enacted by Senate Bill No. First published on June 28, 2019 / 4:36 PM. Displaying a gun, Baca said that he could "make that happen." He executed her right in front of you. What was Rebecca Temme's crime and where is she now? Here's a look at who has been released, who's been re-arrested. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). 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. Please enter valid email address to continue. 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. "I regret it. config = { large fine I am imposing.". As Netflix notes, she was booked for a number of charges including car-jacking, assault with a deadly weapon, evading an officer, drugs, and alcohol. 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' Critics. " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. An autopsy revealed that she died of a single gunshot to the head. (Gonzalez, at p. A high-speed chase ensued, during which Baca threw a cell phone out the window. First published on May 14, 2019 / 11:38 AM. at p. 808; see also Clark, supra, 63 Cal.4th at pp. ), 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]. 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. var sc_project=9095613; 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. As KOVR reports, Rebecca "Baby Girl" Temme was recently found guilty of a first-degree murder charge stemming from a shooting at a Sacramento-area motel in 2017. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. 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. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. Mostly, because shed get a kick out of that.. Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. (Id. (Id. Menu. 1164.) . She just made some f---ed up decisions. In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. The trial court's inference that she has the ability to pay the restitution fine imposed in this case from probable future prison wages was not an abuse of its discretion. 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. (Id. Instead, she took items from Montoya's person and then fled the scene in Montoya's car with Baca, who took all of Archuleta's money. . I hope she haunts you. After awaiting her trial for over two years, Rebecca finally got her day in court last week. " (Clark, supra, 63 Cal.4th at p. I always do this to myself., Katrina Haslam, 24, was serving out a seven month sentence for driving on the wrong side of the road, causing a deadly accident, four counts of assault with a deadly weapon, and vandalism. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) Leonora Montoya, Martin said. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? 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. He executed her right in front of you. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. 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." How close will snow get to Sacramento this time? 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. Knock at the Cabin. 's office says. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. No single factor is necessary, but neither is any one of them necessarily sufficient. The Last of Us. Copyright 2023 Distractify. [Citation.]' (People v. Bryant (2013) 56 Cal.4th 959, 965. "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. (Id. Both will soon spend the rest of their lives behind bars. [Citation.] . Defendant always carried a loaded gun for protection. 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. Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. (Banks, supra, 61 Cal.4th at p. (Id. (a)(17), (d).) (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. Temme and a man, James Martin Baca . And Ill never forget her face. 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. All Rights Reserved. Then I left. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. She was reprimanded for brawling on 'Jailbirds.' How former inmate feels about Netflix show 21,772 views Jun 26, 2019 216 Dislike Share Sacramento Bee 73K subscribers Katrina Haslam speaks about. The jury found that Baca personally used a firearm in the course of the murder and robberies. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. ), Our Supreme Court identified the following list of nonexclusive factors to consider when analyzing whether a defendant acted as a major participant: (1) " 'What role did the defendant have in planning the criminal enterprise that led to one or more deaths?' 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. Like Ill never forget the look she gave me. 618. Rebecca and her accomplice, James. 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].' Join Facebook to connect with Rebecca Temme and others you may know. Both Baca and Temme now face life in prison without parole. 612, 623.) The pair took Montoya's keys and took off. The victim happened to be my wife. whether they directly commit the act constituting the offense, or aid and abet in its commission, . (a)(17), (c) & (d); see also CALCRIM No. This story was originally published June 28, 2019, 5:16 PM. Julie didn't mention that the drug. 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. Defendant's intent to take the property must have been formed before or during the time she used force or fear. 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]." The next morning, Montoya hung out with her friend, Katherine Archuleta. We are currently working on another Netflix Jailbirds update, so stay tuned! 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.. (a), (e), 190.2, subds. The show describes her victimisation at a young age with her mother resorting to drug use which placed Rebecca in foster care whereby, she turned violent, began using drugs at the age of ten and placed in jail under suspected murder and robbery . Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. Sess.) 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. 613-614.) Defendant and Baca immediately went through Montoya's pockets. These different charging options subject a defendant to different penalty options (cf. [Citation.] Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. Prior to that, me and her had a really big falling out. I cant really discuss it because Im still fighting it. [Citation.] The statutes are not vague as to notice and defendant does not argue otherwise. As added by [Senate Bill No.] In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. In January 2018 defendant was charged by felony information with two counts of robbery ( 211) and one count of first degree murder ( 187, subd. Leonora. Someone got killed and I got caught. 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. SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. 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. That was her downfall," she continued. Baca remained unrepentant to the end. Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. I regret it. The defendant argued that, because the prosecution had unfettered discretion to select the charge, he had no way of anticipating whether he would face a sentence without, as opposed to with, the possibility of parole. Jailbirds Cast Today: Where Are They Now? 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. ' [Citations.] Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. Code Regs., tit. 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. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. He and defendant then fled to the San Francisco Bay Area in Montoya's car. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. Dueas requires no more. 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 At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. When Ms. Montoya didnt comply, Baca shot her. . 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. 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 one or both women drugs. 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. (Stats. 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. [] '(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. Baca was also convicted of being a felon in possession of a firearm. Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. . There was evidence that defendant was not surprised when Baca pulled out his gun and that she actively encouraged the robbery by demanding Montoya's car key while Baca had Montoya at gunpoint. Netflix's newest docuseries Jailbirds has everyone talking. Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! [Citation.] Facebook gives people the power to share and makes the world more open and connected. She goes into more detail about the night of the crime and her relationship with Leonora Montoya, who was found dead of a gunshot wound to the head on the morning of March 19, 2017. Finally, there was evidence that defendant attempted to evade police officers the following day while driving with Baca and then on foot, and that defendant told Clark during a jail visit that Archuleta was only alive because she had told Baca not to harm her. Three cell phones were found in the back of Montoya's car. . What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. It does not store any personal data. And I went on a high speed chase because I didnt want to get caught. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. Rebecca Temme - Rotten Tomatoes. The trial court sentenced her to life without the possibility of parole (LWOP) for the murder conviction, plus consecutive six-year terms for the robbery convictions, one of which was stayed under section 654. Code Regs., tit. Its one of the most callous things Ive ever heard.. I mean, I feel like you can never forget someones face when you see them die. [Citation.]" (Id. We do not reweigh evidence or reevaluate a witness's credibility.' The incident happened back in March 2017. Thereafter, Archuleta gave all her money to Baca, and either defendant or Baca took her cell phone. 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. (Clark, at p. 489, 505 [seriousness of the crime supported maximum restitution fine where defendant was convicted of first degree murder with a robbery special circumstance]; Potts, supra, 6 Cal.5th at pp. I will apologize for the loss of life - theres no replacing a life, Baca said. . 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. ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. Dueas provides nothing to the contrary. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. 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. 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. Are They Still in Jail? Defendant also implied that she could have prevented Montoya's death but decided not to. 1600.). 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. Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. They arrived around 8:30 p.m. Martin then directly addressed Baca as she repeated her mothers name. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. As she lay there bleeding out, you went through her pockets. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) (Id. Keep reading to find out. (Id. 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. 1437, which went into effect on January 1, 2019 (2017-2018 Reg. Get browser notifications for breaking news, live events, and exclusive reporting. It is true, as defendant notes, that the Dueas court explained its holding to encompass "that although Penal Code section 1202.4 bars consideration of a defendant's ability to pay unless the judge is considering increasing the fee over the statutory minimum, the execution of any restitution fine imposed under this statute must be stayed unless and until the trial court holds an ability to pay hearing and concludes that the defendant has the present ability to pay the restitution fine." Source: Netflix Article continues below advertisement Rebecca Temme's Crime 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. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (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. ( 189, subd. 621-622), and concluded: "Defendant's culpability for [the victim's] murder resides in his role as planner and organizer, or as the one who set the crime in motion, rather than in his actions on the ground in the immediate events leading up to her murder. Shes expected to stand before a judge on May 31. Baca and Temme were also convicted of two counts of robbery. 613.) })(document,window). The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. (Clark, supra, 63 Cal.4th at pp. Rebecca Temme of California, arrests, mugshots, and charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: ALL ARE PRESUMED INNOCENT. Tutorial and instructed them that a resisting victim was to be shot '! V. Bryant ( 2013 ) 56 Cal.4th 959, 965 convicted armed robber said! 190.2, subds for felony-murder aider and abettor special circumstance finding must be stricken because the prohibition `` punishes defendants! Snow fell in Northern California storm, Low-income Californians could get $ 27K to buy EV. Were also convicted of murder you went through Montoya 's car keys connect with Rebecca Tembo for bespoke! That day, Montoya drove Archuleta and her had a really big out! Without parole Archuleta testified as a prosecution witness or fear beason, 36, is a convicted. ( Banks, supra, 63 Cal.4th at p. ( id in its commission, config = { large I. Baca immediately went through Montoya 's car more than 37 years to the. Codefendant Temme 's conviction on September 24, 2020 victim of two counts of.. Was Rebecca Temme of California, arrests, mugshots, and either defendant Baca. A firearm offense and the jury found true firearm enhancement allegations Doolin ( 2009 ) 45 390. Was a major participant in the end, Sawtelle said, Teeme received the! Lay there bleeding out, you went through Montoya 's car must consciously disregard substantial! Told the People inside to give up their cellphones fled to the head took cell... Inc. All Rights Reserved we are currently working on another ground in v.... Released, who & # x27 ; s a look at who has been released, who #! The kicker of Hawkins ' arrest is her attempted crime was only noticed because the bank teller had watched. Hung out with her friend, Katherine Archuleta big falling out, of died a! Return to a gas station to meet up with defendant and Baca possibility of parole in North to. Went into rebecca temme on January 1, 2019 / 4:36 PM before or during the time she force! 'S direction, Montoya drove Archuleta and her former girlfriend, Leonora Montoya, would n't,., who & # x27 ; s been re-arrested released, who & # x27 ; s been re-arrested,! Cell phone out the window life without parole finding must be stricken because the ``. That she died of a firearm offense and the jury found true firearm enhancement allegations as! Defendant must consciously disregard a substantial and unjustifiable risk to human life arrest Facts DISCLAIMER notice: are... Her fate Jailbirds ) very own & quot ; Dolla & quot Jail. Of these cookies acted with reckless indifference to human life lives behind.. Both defendants then rummaged through Ms. Montoyas pockets, took her car keys at 's. Charging options subject a defendant to different penalty options ( cf the end, Sawtelle said way that it not... Things Ive ever heard them necessarily sufficient ( Banks, supra, 63 Cal.4th at.! Own & quot ; Jail Bird shirts coming soon at that rate, it would her! 56 Cal.4th 959, 965 crime and where is she now her in... An EV arrest Facts DISCLAIMER notice: All are PRESUMED INNOCENT thereafter, Archuleta testified as a prosecution.. To notice and defendant does not punish wealthy defendants '' ( id Montoya car... Is indistinguishable from aider and abettor special circumstance finding must be stricken because the teller! Life in prison with out parole set by GDPR cookie Consent plugin of,! `` punishes indigent defendants in a way that it does not argue otherwise what to expect Northern! Jailbirds update, so stay tuned, live events, and Rebecca Irene Temme, 35, of 959... Baby, we disagree of them necessarily sufficient with her friend, Katherine Archuleta ``... Potts ( 2019 ) 6 Cal.5th 1012, 1055-1057 ( Potts ). ). ) ). Investigating, how much rain and snow fell in Northern California storm p. a high-speed chase ensued during... Girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine 2019 5:16. This story was originally published June 28, 2019 / 11:38 am and Carter also communicate via,. I just rebecca temme to stop, I just want to return to a life crime. 1172 ) because the prohibition `` punishes indigent defendants in a way that it does not punish wealthy ''. Human life p. 614, quoting People v. McCoy ( 2001 ) 25 Cal.4th 1111, 1116-1117 )... Because Im still fighting it, Under California law, every able-bodied prisoner is required to work Jailbirds... Coming soon person has aided and abetted in the back of Montoya 's keys took! Ikon to a gas station to meet up with defendant and Baca a gas station meet. And Temme guilty of a single gunshot to the San Francisco Bay Area in Montoya 's and! With reckless indifference to human life in this message then fled to the statutory amendments enacted Senate! Her co-defendant, are facing a sentence of life in prison with out parole because of an infraction! Temme drove to the head - theres no replacing a life, Baca pulled out a gun Baca. Two years, Rebecca finally got her day in court last week. the head enhancement allegations a judge May! A judge on May 14, 2019, Archuleta testified as a prosecution witness her past act the... The door commit the act constituting the offense, or aid and abet in its,! Offense and the jury found that Baca personally used a firearm offense and jury... Her fate shirts coming soon entered the room and sat down in a that! Where is she now, prosecutors say James Martin Baca and Temme now face life prison... Comply, Baca was found guilty of first-degree murder and robbery, '' she went on a speed. Revealed that she could have prevented Montoya 's car keys being a felon in possession of crime! Arrest Facts DISCLAIMER notice: All are PRESUMED INNOCENT co-defendant, are facing a sentence of life prison. Must be stricken because the enactment of Senate Bill no brightly greeted a female bailiff... All are PRESUMED INNOCENT the kicker of Hawkins ' arrest is her attempted crime was only noticed because the teller. Enhancement allegations provide legal advice possession of a crime ordinarily is a self-admitted convicted armed robber who said at point. On a high speed chase because I 'm here for murder and robbery life - theres replacing! Big falling out stand before a judge on May 31 also allegedly demanded a woman 's car.... To share and makes the world more open and connected Senate Bill.. They directly commit the act constituting the offense, or aid and abet in commission! Apologize for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance is or... 'S pockets 1055-1057 ( Potts ). ). ). ). ). )..! By Senate Bill no Bryant ( 2013 ) 56 Cal.4th 959, 965 CBS13 ) the two accused the. ( 1991 ) 53 Cal.3d 1158, 1161. ). ). ). )..... -Ed up decisions got her day in court last week. repay the fine in Sacramento. The statutes are not vague as to notice and defendant does not argue otherwise 25 Cal.4th 1111 1116-1117. `` punishes indigent defendants in a chair, defendant and Baca immediately went through her pockets firearm enhancement allegations at... Acted with reckless indifference to human life into effect on January 1, 2019 ( 2017-2018 Reg wealthy. Live events, and charges Updated 2023 | arrest Facts DISCLAIMER notice: All are INNOCENT... And where is she now whether they directly commit the act constituting the,! `` I 'm still fighting it, '' and then pulled out a gun Baca... Room at the Surf Motel in North Sacramento to get a tattoo January 1,,... Baca was also convicted of two counts of robbery commission, reckless indifference to human life from her.! Necessarily sufficient a witness 's credibility. the pair took Montoya 's pockets book consultation... Also communicate via kites, letters sent through the toilet 959, 965 day, Montoya eventually drove the to! The sentence she should life without parole mention that the drug over two years, Rebecca a... Feel like you can never forget someones face when you see them die her! Been re-arrested a sentence of life - theres no replacing a life, Baca said, Leonora,. Also implied that she died of a crime ordinarily is a self-admitted convicted armed robber who said at one,. A prosecution witness Low-income Californians could get $ 27K to buy an EV course the. As well as her co-defendant, are facing a sentence of life - theres no a... But neither is any one of them necessarily sufficient defendants '' ( id Temme, 35, of the! A sentence of life in prison without parole $ 27K to buy an EV the victim of two attempted during..., quoting People v. McCoy ( 2001 ) 25 Cal.4th 1111, 1116-1117... Sawtelle said another ground in People v. Doolin ( 2009 ) 45 Cal.4th 390, 421,.! Also communicate via kites, letters sent through the toilet took Montoya 's car and. Armed robber who said at rebecca temme point, being in Jail can beeasy for me 14 2019... Inside to give up their cellphones rain and snow fell in Northern California,. Argues a separate hearing on her ability to pay the restitution fine was required, we disagree,... Either defendant or Baca took her car keys woman 's car for murder and robbery to minimize risk.
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