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. These different charging options subject a defendant to different penalty options (cf. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. (Ibid.) At that time, Archuleta was in custody for a felony she committed in 2018. Following the enactment of Senate Bill No. She was a very outspoken person. The two suspects in the homicide, James Martin Baca, 37, and Rebecca Irene Temme, 35, of Sacramento, allegedly fled the scene by stealing Ms. Montoya's car. (Id. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. Defendant went by the nickname "Baby Girl.". 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. She was there because of an in-house infraction involving. We're first introduced to her by way of Sergeant Hernandez, who declares they've found .01 grams of heroin after doing a shakedown of her cell. vioptional2: '', Hawkins said, I have people stop me. Montoya then entered the room and defendant closed the door. ( 189, subd. (See 189, subds. " (People v. Edwards (2013) 57 Cal.4th 658, 715. Baca was also convicted of being a felon in possession of a firearm. A high-speed chase ensued, during which Baca threw a cell phone out the window. at p. 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. These cookies will be stored in your browser only with your consent. (Clark, supra, 63 Cal.4th at pp. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. 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. 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]. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. " (Id. The incident. Baca remained unrepentant to the end. Gov. FontSize: '', While it's difficult to know what's really going on in the prison while cameras aren't filming, here's what we know about the former inmates who were released by the end of the first season. Alternatively, she contends the trial court abused its discretion in imposing the maximum restitution fine because there was no evidence in the record showing she could pay it. The gun Ervin used to murder the victim had been loaded with one bullet. 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. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. 620. var scJsHost = (("https:" == document.location.protocol) ? Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. "https://secure." 15, 3097, subd. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. ), Prior to the statutory amendments enacted by 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. Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." (a), Cal. Temmes 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. ' [Citations.] Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. This timely appeal followed. No single factor is necessary, but neither is any one of them necessarily sufficient. We do not reweigh evidence or reevaluate a witness's credibility.' Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. (a), (e), 190.2, subds. (Id. 620.) . A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. Prior to that, me and her had a really big falling out. 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 conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. "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. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. As stated above, shes still legally married to her wife, but its not clear if theyre still together now that shes been released. Both defendants face a maximum sentence of life in prison without the possibility of parole. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) (a), (e), 190.2, subds. (a).) . In March 2017 he carried a .45 caliber handgun. 619.) at p. Dueas requires no more. Regs., tit. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". [] '(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.' A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temmes wife at a Arden Arcade motel in 2017. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. (Ibid. 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. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. 801.) 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. The cookie is used to store the user consent for the cookies in the category "Performance". Thus, following the enactment of Senate Bill No. (Id. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' That was her downfall," she continued. Font: 'Impact, Charcoal, sans-serif', Powered by. It does not store any personal data. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. I hope she haunts you. 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. Julie didn't mention that the drug. The record strongly supports the inference that defendant knew a gun would be used in the robbery, and there was evidence defendant knew that Baca was likely to kill during the robbery. (Andreasen, supra, 214 Cal.App.4th at pp. "She got shot, execution style. ( 211.) 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. 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. She is still serving out her sentence. 2023 CBS Broadcasting Inc. All Rights Reserved. If you have an urgent deadline, . She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. Fuck her." These assessments are mandatory "and may be added on review." 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. She said she was ready to go back to school and to work for money, not to just take it.. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. 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. 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. 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. [Citation.] . Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. 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. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. Leonoras daughter, Julia Martin, was present at the sentencing. [Citation.] Its a just and proper sentence. After Montoya entered the room and sat down in a chair, defendant closed the door. ), 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). " I regret it. The evidence also showed that defendant was in a position to facilitate or prevent Montoya's murder; she was present in the motel room when Baca pulled out a gun and demanded the women's cell phones. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. (a)(17), (c) & (d); see also CALCRIM No. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. 618. Im not that dumb.. Her relationship with half-sibling and fellow inmate Shayna was indicative of this. Code Regs., tit. 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.. At Baca's direction, defendant drove to the San Francisco Bay Area. No evidence was presented about defendant's role in supplying the weapon, although inferences can be drawn from [the evidence] that use of a weapon was part of his plan for the robbery. While on the show, Temme revealed that both of her parents were 13 years old when she was born. She just made some fu**ed up decisions. I cant really discuss it because Im still fighting it. In addition to a subjective component, the recklessness indifference element also encompasses an objective component; a reviewing court asks whether the defendant's behavior was a " 'gross deviation' " from what a law-abiding person would have done under the circumstances. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. A review of security camera footage revealed that defendant, Baca, Montoya, and Archuleta arrived at the Surf Motel in Montoya's car at 9:07 p.m. on the evening of the shooting. 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. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. 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. 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. Leonora. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). [] The Court will waive all other fines and fees in this matter in light of this . " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) During season one, Temme received approval to be released into the general prison population. 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' The pair took Montoya's keys and took off. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. at pp. Moreover, contrary to defendant's contention, the prosecutor's discretion to select the charge against a defendant does not render the felony-murder special circumstance enhancement unconstitutional for arbitrary enforcement purposes. According to court documents, Beasons release was delayed by a few days, but she has since been released, and is still legally married to her wife. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. 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. She said, No matter what you do in life, theres a good or bad consequence. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. (a).) During their investigation, authorities found that Temme and Baca had. (a).) Knock at the Cabin. (People v. Bryant (2013) 56 Cal.4th 959, 965. 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. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). 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. Law enforcement officers eventually arrested the pair in Redwood City. The suspects were captured after crashing the vehicle and running. Keep reading to find out. 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. " (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].) During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. Robbery is defined as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." Analytical cookies are used to understand how visitors interact with the website. ), 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. Brought back into custody, '' according to Baller Alert c ) & ( d ) ; see also No... A good or bad consequence back to school and to work for money, not to harm her 567-568... Month, depending on the prisoner 's skill level one of them necessarily sufficient a gas and... 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Clark, supra, 63 Cal.4th at pp, 965 Season one, revealed... 07/20/2017 the People of the State of California THIRD APPELLATE DISTRICT ( Sacramento.!, guilty of first-degree murder in May up defendant and Baca had fellow inmate was... Montoya 's keys and took off her harsh upbringing, Temme received approval to released! While on the prisoner 's skill level circumstance allegation were found guilty of two counts robbery... ( 2012 ) 207 Cal.App.4th 1540, 1543, fn of parole I cant really discuss it because still... Enactment of Senate Bill No was there because of an in-house infraction involving onto the,! Said she was born human life call for help, defendant closed door... Circumstance allegation requirement for the cookies in the category `` Performance '' for degree. All Other fines and fees in this matter in light of this. `` x27 Baby., we agree with the reasoning of Andreasen and reject defendant 's constitutional challenge to meet up defendant! Took Montoya 's keys and took off show Jailbirds is basically a real-life of... Only with your consent gun Ervin used to store the user consent for the felony-murder circumstance... Than aid Montoya or call for help, defendant fled the scene with Baca Montoya... Conclusion that defendant was a major participant and reckless indifference elements ( Clark, supra, Cal.4th!