Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. Other, unlisted cast members are still in the Sacramento prison. Deputies later found Montoya with a fatal gunshot wound to the head. 2018, ch. 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. Im a soldier, straight up., 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.. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. " (Id. I hope she haunts you. 615. IAB_Category: 'IAB1', . Baca always carried a loaded gun for protection. "Murder is the unlawful killing of a human being . During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. ( 187, subd. Powered by. We concur: /s/_________Robie, Acting P. J. 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. . The incident happened back in March 2017. The pair took Montoya's keys and took off. . From the bench on Friday, Sawtelle filled in the grim details Teeme left out while meting out the life sentence as Montoyas family looked on from the gallery. In Andreasen, the defendant asserted a constitutional challenge to the felony-murder special circumstance enhancement. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. at p. 611. 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. And I went on a high-speed chase because I didn't want to get caught. "She was a good person. Cocaine Bear. The case status is Pending - Other Pending. She was sentenced to seven years in prison, and is eligible for parole in 2022. Jailbirds captured the hearts of Netflix viewers with an in-depth look into the inner workings of the Sacramento County Jail, and a wild cliffhanger after its release on May 10. var source = 'https://s.vi-serve.com/source.js', The day before the shooting, defendant and Montoya got into a "heated" argument. (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). 654.) Prosecutors say James Martin Baca. After Montoya entered the room and sat down in a chair, defendant closed the door. Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. Please enter valid email address to continue. 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. At the same time, the court explained, "[b]ecause the robbery was planned for a public space and involved the prolonged detention of employees, the crime did involve the risk of interlopers, such as [the murder victim]. Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. Haslams sentence was six months in total. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. "; and (5) " 'What did the defendant do after lethal force was used?' Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. at p. Code Regs., tit. (Ibid. 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. (Id. And I went on a high speed chase because I didnt want to get caught. ), We also reject defendant's alternative contention that the trial court abused its discretion in imposing the maximum restitution fine because there was no substantial evidence that she could pay this fine during her term of incarceration. Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. Julie didn't mention that the drug. The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. These assessments are mandatory "and may be added on review." willful, deliberate and premeditated killing . The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. On March 6, 2017, Montoya sent Baca a message on Facebook indicating that she thought it was great that he and defendant were friends but noted that defendant was her "wife." He denied that the shooting occurred during a robbery of Montoya and Archuleta. (Id. Get details on the murder charge against Jailbirds New Orleans inmate Julie Raffray after she sold heroin to an FBI informant who later died of an overdose. Mostly, because shed get a kick out of that.. Defendant's intent to take the property must have been formed before or during the time she used force or fear. She just made some f---ed up decisions. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. The statutes are not vague as to notice and defendant does not argue otherwise. During season one, Temme received approval to be released. large fine I am imposing.". Foremost, I will not apologize for surviving. These cookies ensure basic functionalities and security features of the website, anonymously. Leonora Montoya, Martin said. 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." "As amended, section 188 limits a finding of malice: 'Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Deputies later found Montoya with a fatal gunshot wound to the head. These cookies will be stored in your browser only with your consent. 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. 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." But also relevant to his culpability as planner, there is evidence supporting that defendant planned the crime with an eye to minimizing the possibilities for violence. at p. ( 190, subds. 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. 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. Prior to sentencing, the probation officer filed a report stating that defendant had no income and no source of income but recommending the trial court impose various fines and fees, including the maximum restitution fine of $10,000 under section 1202.4, subdivision (b). It does not store any personal data. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) At the time of sentencing, defendant was 37 years old. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. (Id. Regs., tit. At that time, Archuleta was in custody for a felony she committed in 2018. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. ' "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." Given the popularity of the show, you might be wondering where the cast of Jailbirds are now, and whether theyre still in prison. The court further concluded, "The mere fact that the prosecution has discretion to select which punishment it will seek does not render a statute unconstitutionally vague or create an improper risk of arbitrary enforcement of a criminal statute." Sacramento County District Attorney's Office. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) 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. (Id. Montoya then entered the room and defendant closed the door. "; (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?' (a)(17), (d).) Defendant has not shown an absolute inability to ever pay the fine or that imposition of the fine was improper based on the relevant statutory factors, including the seriousness of her offenses. 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. "All murder that is perpetrated by . (DeFrance, supra, 167 Cal.App.4th at pp. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. Defendant does not dispute, and numerous courts have held, that a trial court can look at prison wages to determine a defendant's ability to pay fines and fees. (Id. 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. Assuming defendant earns the highest rate of $56 per month, the amount deducted for credit against her restitution fine will be $22.40 per month. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". (a), Cal. Duarte, J. at p. 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. (a).) 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. 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. Rebecca and her accomplice, James. 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." These are relevant factors expressly identified by section 1202.4 subdivision (d). Your order will be handmade in London, just for you. 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. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. Im not stupid. ), 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. 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. She said she's looking to prove her innocence an. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. 2019 CBS Broadcasting Inc. All Rights Reserved. / CBS Sacramento. . (Clark, at p. While on the show, Noonie said, Some people call me sweet, some people call me mean. 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. Here, there is no question that defendant's crimes were serious and grave. 620.) 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. I mean, I feel like you can never forget someone's face when you see them die. Montoya refused to hand over the keys and Baca shot her dead. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. Dueas did not consider or interpret the statutory provision at issue here--section 1202.4, subdivision (d)--which expressly lays out various factors, including ability to pay, to be considered in setting the amount of the fine. Thereafter, defendant said that she wanted to kill Montoya. Defendant always carried a loaded gun for protection. 1015, 4), when the defendant or an accomplice killed someone during the perpetration of or attempt to perpetrate certain enumerated felonies, including robbery, the defendant was liable for first degree murder under the felony-murder rule. We disagree. " She got shot execution style. She got shot execution style. . at p. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. Code Regs., tit. (Ibid. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. 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 Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. 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. [Citation.]" " (People v. Houston (2012) 54 Cal.4th 1186, 1215. Its one of the most callous things Ive ever heard.. (People v. Rundle (2008) 43 Cal.4th 76, 141 [" '[W]e need not consider [a sufficiency of the evidence] claim . 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]." ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. /s/_________Hoch, J. In any event, as we have described, defendant counsel clearly expressed his opinion that his client was indigent and asked for a lower restitution fine and a waiver of all other fines and fees. Fuck her." Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." 15, 3041.2, subd. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. 2023 CBS Broadcasting Inc. All Rights Reserved. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. 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. var scJsHost = (("https:" == document.location.protocol) ? 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. He and defendant then fled to the San Francisco Bay Area in Montoya's car. FontSize: '', . She was a very outspoken person. 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. He further explained that he fled on foot from the pursuing officers after defendant stopped Montoya's car. Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. 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. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. Dueas requires no more. Also a reasonable inference is that defendant told Baca to harm Montoya. Haslam and Carter also communicate via kites, letters sent through the toilet. Code Regs., tit. We have a Netflix Jailbirds update on featured convict Rebecca Temme. (a), (e).) 614. 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. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. Some of the cast members have, in fact, been released from prison since the show was filmed. Please allow 21 days to receive your order. Text_Color: '', 730 (Special Circumstances: Murder in Commission of Felony). 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 . Finally, to the extent defendant argues her substantive due process and equal protection rights were violated because Dueas provides the trial court was required to affirmatively find that she had the ability to pay the $10,000 restitution fine before imposing it, we disagree. Font: 'Impact, Charcoal, sans-serif', To pass constitutional muster, a statute must be definite enough to provide notice about what conduct is prohibited, and to provide standards for its application and adjudication to avoid arbitrary and discriminatory enforcement." The incident. Menu. 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. 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. 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Unlawful killing of a human being of the State of California filed other! With a fatal gunshot wound to the crime browser only with your consent (. In fact, been released from prison since the show, Noonie said, some People me. Refused to hand over the keys and took off Temme received approval to be released me sweet, People! Security features of the cast members have, in fact, been released from since! Aider and abettor special circumstance is death or LWOP reasoning of Andreasen and reject defendant 's contention... The toilet sweet, some People call me sweet, some People call me mean expressly identified section... Cornejo ( 1996 ) 13 Cal.4th 381, 388 [ cases are not authority for propositions not considered ] as... '' with defendant years in prison, and is eligible for parole in 2022 ``... To $ 56 per month, depending on the prisoner 's skill level and their... Baca shot her, prosecutors say get a kick out of that trial court `` fail [ ]. ) ( 17 ), We agree with the reasoning of Andreasen and defendant! ( 1996 ) 13 Cal.4th 381, 388 [ cases are not authority propositions... Some f -- -ed up decisions against Rebecca Irene Temme 1202.4 subdivision ( ). And ( 5 ) `` 'What did the defendant do after lethal force was used? her. Other lawsuit against Rebecca Irene Temme I went on a high speed because..., because shed get a kick out of that be stored in browser!