), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. The court then noted it previously upheld a major participant finding where "the defendant, although not present at the murder, was 'the founder, ringleader, and mastermind behind' a criminal gang engaged in carjacking," and gave "his subordinate gang members . 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. The cookie is used to store the user consent for the cookies in the category "Performance". 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. At that rate, it would take her a little more than 37 years to repay the fine. 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. Code. These are relevant factors expressly identified by section 1202.4 subdivision (d). ), As for the mens rea requirement of reckless indifference to human life, our Supreme Court has explained that a defendant must be " ' "subjectively aware that his or her participation in the felony involved a grave risk of death." Offers may be subject to change without notice. Then I left. She was a very outspoken person. We find no basis for reversal. She has a scheduled court date of May 31. Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. [] '(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. (a), 189, subds. Font: 'Impact, Charcoal, sans-serif', Hawkins said, I have people stop me. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. Martin then directly addressed Baca as she repeated her mothers name. Keep reading to find out. Code, 70373) for each of defendant's three convictions. 536-538, 613. (See 189, subds. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. It is unclear from the record whether defendant was referring to Montoya in this message. They'll be sentenced at the end of June. Prison employees explained the fishing process, which is how jail inmates send objects to one another through the toilet by attaching them to ropes made of t-shirts. Join Facebook to connect with Rebecca Temme and others you may know. 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." 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. We concur: /s/_________Robie, Acting P. J. Again, as we have explained above, 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 Montoya and/or Archuleta drugs, defendant was inside the room when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, defendant ordered Montoya to hand over her car key while Baca was pointing a gun at her, and defendant went through Montoya's pockets immediately after she was shot and took items, including her car key. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. He claimed that he shot Montoya in self-defense during a drug deal gone bad. Foremost, I will not apologize for surviving. . "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. (Stats. Montoya, 53, was found dead of a gunshot wound to her head at . (a), (e), 190.2, subds. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). 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. 1164.) Rebecca Temme was arrested on multiple charges that include possession. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Her relationship with half-sibling and fellow inmate Shayna was indicative of this. Ant-Man and The Wasp: Quantumania. or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." at p. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. !Thanks for watching please like comm. The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. Language: 'en-us', 1055. (a).) Tuesday, the Sacramento County Sheriff's Office announced that a jury had found Baca and Temme guilty of first-degree murder charges with the special circumstance that it was committed during a robbery. She got shot execution style. Monster! Like literally everywhere I go. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. of the shooting victim," the court found this level of culpability less than in circumstances where a defendant would not have known that help was on the way in the form of police intervention. Cocaine Bear. 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. 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. 619.) Critics. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. ( 2700; Cal. (Banks, supra, 61 Cal.4th at p. You also have the option to opt-out of these cookies. "; (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?' 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. 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. Montoya then entered the room and defendant closed the door. 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. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. 803.) 615. Dueas requires no more. Baca always carried a loaded gun for protection. Baca remained unrepentant to the end. Turning to the reckless indifference element, after considering the relevant overlapping factors identified by our Supreme Court, we conclude that a rational jury could have reasonably found that defendant knowingly engaged in criminal activity that she knew involved a grave risk of death. ), "Senate Bill 1437 was enacted to 'amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.' " 'Evidence of a defendant's state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction.' [Citation.]" 2.) One of the two also took Archuleta's cell phone after the shooting. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. 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. Im not stupid. Text_Color: '', From The Sacramento Bee: Montoyas daughter, Julia Martin, reading from notes, remembered a woman who was a mother and a friend, a loving person who had the largest heart; a woman who was fascinated with ghosts and the paranormal, and who may not have been perfect, but loved her family fiercely.. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. Defendant's procedural due process rights were not violated. Leonora Montoya, Martin said. After awaiting her trial for over two years, Rebecca finally got her day in court last week. ( 188, subd. Prior to the statutory amendments enacted by Senate Bill No. Undesignated statutory references are to the Penal Code. This website uses cookies to improve your experience while you navigate through the website. 2023 CBS Broadcasting Inc. All Rights Reserved. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. ), 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?' In 1940, she was 30 years old and lived in Houston, Texas. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. "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. (Ibid.) Defendant went by the nickname "Baby Girl.". 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 Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. She's not admitting guilt, though. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. 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. (Clark, at p. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. var sc_security="af495448"; Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. According to Archuleta, Montoya did not do anything to provoke the shooting. . An older man and woman was running out of the house, she continued, and my male co-defendants ran out and one of them proceeded to open fire on the man in the driveway., That older man, along with two other family members, ended up being killed. at p. 's office says. Your order will be handmade in London, just for you. Temme and a man, James Martin Baca . When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. scJsHost+ Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. 618-623.) " (Nguyen, at p. I cant really discuss it because Im still fighting it. Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. The defendant drove away, leaving Ervin to be apprehended in the parking lot by an officer who heard the gunshot while on patrol near the store. IAB_Category: 'IAB1', 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. ), Under California law, every able-bodied prisoner is required to work. Here, there is no question that defendant's crimes were serious and grave. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. 612, 623.) Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. document.write("
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