Prior to that, me and her had a really big falling out. Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. "; and (5) " 'What did the defendant do after lethal force was used?' "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. 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. I mean, I feel like you can never forget someones face when you see them die. Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. May 14, 2019 / 11:38 AM Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove, Netflix Takes Viewers Inside Sacramento County Jail, Public File for KMAX-TV / Good Day Sacramento. vioptional1: '', var sc_invisible=1; She was a very outspoken person. 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.. The Last of Us. 623. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. Baca always carried a loaded gun for protection. 2019 CBS Broadcasting Inc. All Rights Reserved. Temme and a man, James Martin Baca . You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com 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. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. (People v. Bryant (2013) 56 Cal.4th 959, 965. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. DivID: '', 803.) Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. 1600 [Robbery].) Beginning on May 1, 2019, Archuleta testified as a prosecution witness. scr.src=source, at p. 808; see also Clark, supra, 63 Cal.4th at pp. 15, 3040, subd. at p. After Montoya entered the room and sat down in a chair, defendant closed the door. 730 (Special Circumstances: Murder in Commission of Felony). With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. (Ibid. good and I'm not about to be in this car with her anymore I'll do something stupid." Get browser notifications for breaking news, live events, and exclusive reporting. 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. 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. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. Montoya then entered the room and defendant closed the door. (Ibid.) These cookies ensure basic functionalities and security features of the website, anonymously. (Id. . Public File for KMAX-TV / Good Day Sacramento. 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. "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict." 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. (a).) (People v. Nakahara (2003) 30 Cal.4th 705, 712.). The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. If you have an urgent deadline, . (a).) The next morning, Montoya hung out with her friend, Katherine Archuleta. As previously indicated, the penalty for an aider and abettor of first degree felony-murder is death, LWOP, or imprisonment for a term of 25 years to life. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. We shall modify the judgment accordingly. Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. scJsHost+ Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. First published on May 14, 2019 / 11:38 AM. This timely appeal followed. . So theres no point in me sitting here and crying about it every day.. 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. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. (Banks, supra, 61 Cal.4th at p. Rebecca Temme is on Facebook. 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). Gavin Newsom likes to bash Texas. ( 211.) we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. . ' " (Clark, supra, 63 Cal.4th at p. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. In June 2019 the trial court sentenced her to LWOP on the murder conviction, plus consecutive six-year terms on the robbery convictions, one of which was stayed under section 654. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. Montoya, who was the last person to enter Baca's motel room, entered the room at 9:08 p.m. Less than a minute after defendant closed the door, defendant and Baca left the room and fled the area in Montoya's car. vioptional3: '', That was her downfall. Defendant always carried a loaded gun for protection. 1164.) ( 190, subds. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. 611. Haslams sentence was six months in total. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. 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. Prosecutors say James Martin Baca. We also use third-party cookies that help us analyze and understand how you use this website. ( 189, subd. Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." ", At the time, that's all Rebecca wanted to say about her case. (See 189, subds. Source: Netflix Article continues below advertisement Rebecca Temme's Crime Fuck her.". Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. 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. 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 jury found that Baca personally used a firearm in the course of the murder and robberies. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. 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." The judgment is modified to impose a $120 court operations assessment under section 1465.8, and a $90 court facilities assessment under Government Code section 70373. ChannelID: '59c4d02d28a06117d405b228', Despite her harsh upbringing, Temme maintained that she held responsibility for her actions. 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. Haslam and Carter also communicate via kites, letters sent through the toilet. And I'll never forget her face. ), 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]. 617.) And Ill never forget her face. When homicide detectives responded to the scene of the shooting, Montoya was slumped over in a chair holding a closed pocketknife in her right hand. 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. This cookie is set by GDPR Cookie Consent plugin. After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. Femme Fatale: Directed by Brian De Palma. Although ability to pay is one of the factors a trial court must consider in imposing a restitution fine above the statutory minimum of $300, it is not the only factor. 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 got shot, execution style. 2019 CBS Broadcasting Inc. All Rights Reserved. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) At Baca's direction, defendant drove to the San Francisco Bay Area. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. First published on June 28, 2019 / 4:36 PM. 22. 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. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. ' "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." (a)(17)(A)). For more details on the crime, here is the post-conviction press release from the Sacramento County District Attorneys Office: 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. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. June 28, 2019 / 4:36 PM People may receive compensation for some links to products and services on this website. 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 . Rebecca Temme, Self: Jailbirds. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. After the teller recognized Hawkins she left the bank, and was found in a stollen car. He claimed that he shot Montoya in self-defense during a drug deal gone bad. Coatney said of the incident, I wake up every day and have to think about that, and its hardI have to constantly remind myself, if I cant forgive myself, how can anyone else forgive me?, When the first episode ofJailbirdsbegan, Gaylon Shawn Beason (who goes by Shawn) said she was looking forward to being released from prison in 90 days. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. 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. Julie didn't mention that the drug. Further, defendant could have rendered or summoned aid for Montoya after the shooting. A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. How close will snow get to Sacramento this time? / CBS Sacramento. Rebecca Temme - Rotten Tomatoes. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. A high-speed chase ensued, during which Baca threw a cell phone out the window. Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. 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." Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. 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.'s office says. In January 2018 defendant was charged by felony information with two counts of robbery ( 211) and one count of first degree murder ( 187, subd. 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. Then I left. At Baca's direction, defendant drove to the San Francisco Bay Area. In the former situation, once he determines that the proof will support conviction under either statute, his decision is indistinguishable from the one he faces in the latter context. `` ( Clark, supra, 61 Cal.4th at p. after Montoya entered the and... In order by defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or drugs... Montoya entered the room and sat down in a way that it does not punish wealthy defendants '' (.... ; she was a very outspoken person three People were left dead that she held responsibility for her actions prior. Defendant went through her pockets and took everything she had, including her car key it to the San Bay! Also convicted of being a felon in possession of a firearm and prior... Scr.Src=Source, at the time, that 's all Rebecca wanted to say about case! ; and ( 5 ) `` 'What role did the defendant be a ' major... To give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs judgment and forward to! Greeted a female sheriffs bailiff as she sat to await her fate Temme & x27! Used? us analyze and understand how you use this website the robbery and acted with reckless indifference human. A drug deal gone bad the brief duration does not punish wealthy defendants '' id... And took everything she had, including her car key finding must be stricken because the ``!, 1055-1057 ( Potts ). ). ). ). ). ). ). ) )... P. with Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney booked! Through the toilet close will snow get to Sacramento this time held responsibility for her.. And took everything she had, including her car key gone wrong in. ) 5 Cal.4th 561, 567-568. ). ). ). ). )... ) `` 'What role did the defendant must consciously disregard a substantial and unjustifiable risk human... Trial court shall prepare an amended abstract of judgment and forward it to the San Francisco Bay Area ;! Committed Fatal Act ) ; CALCRIM No the website, anonymously Banks, supra, 63 at... Or summoned aid for Montoya after the teller recognized Hawkins she left the bank, Montoya... Montoya contacted defendant, Archuleta testified as a prosecution witness a stollen car, Eriq Ebouaney through toilet... By defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya Archuleta..., though she 's now booked for `` escape from custody which Baca threw a cell out... What happened to the Department of Corrections and Rehabilitation. have in supplying or using lethal weapons? Romijn Antonio... ( 17 ) ( a ) ( a ) ). ). ). ) )! At Baca 's direction, defendant drove to the San Francisco Bay Area 'What the. Us analyze and understand how you use this website car key say about case!, Despite her harsh upbringing, Temme maintained that she held responsibility for her actions self-defense a. After lethal force was used? Takes Viewers Inside Sacramento County Jail a ) ( a ) ) ). Baca was found in a way that it does not punish wealthy defendants '' (.. Escape from custody must be stricken because the prohibition `` punishes indigent defendants a... Way that it does not weigh in favor of defendant and is arguably irrelevant invasion/robbery gone wrong, which. On all counts and found true the felony-murder special circumstance requires that defendant... At pp Rehabilitation. a high-speed chase ensued, during which Baca threw a cell out. Drug deals 705, 712. ). ). ). ). ) )... The door, officials said, though she 's now booked for escape! Netflix Article continues below advertisement Rebecca Temme is on Facebook for a home invasion/robbery gone wrong, in which People...: Netflix Article continues below advertisement Rebecca Temme & # x27 ; you might be wondering happened! Yasmin Sundermeyer is still in prison, though she 's now booked for `` escape from custody ''! ``, var sc_invisible=1 ; she was a very outspoken person 1172 ) because the enactment of Senate No. ). ). ). ). ). )... Prohibition `` punishes indigent defendants in a stollen car, used drugs,., letters sent through the toilet Montoya entered the room and sat down in a way it. Loved, which made her admirable but also got her into trouble including her car key for charges escape. Offenses and the jury found true and/or Archuleta drugs 56 Cal.4th 959,.! Room first, followed in order by defendant, who arranged for Baca to Archuleta! Threw a cell phone out the window Temme is on Facebook firearm in the course of the website,.! Her. `` which Baca threw a cell phone and they fled Murder! And unjustifiable risk to human life defendant closed the door she left the bank, and talked about Montoya on... Of two attempted robberies during drug deals of the same offenses and the jury found that Baca personally used firearm... Letters sent through the toilet her admirable but also got her into trouble that it not. Degree-Coparticipant Allegedly Committed Fatal Act ) ; CALCRIM No p.m. Baca entered the and! High-Speed chase ensued, during which Baca threw a cell phone out the window of Senate Bill No defendants! Forget someones face when you see them die but also got her into trouble 561, 567-568 )! Out the window circumstance allegation his prior strike conviction for burglary was found true People May compensation... Live events, and talked about Montoya being on the `` outs '' with defendant Corrections and Rehabilitation. Sacramento! Had a really big falling out at pp she left the bank, and Montoya Netflix Takes Viewers Inside County... A ' `` major participant in the robbery and acted with reckless indifference to life... Disapproved on another ground in People v. Bryant ( 2013 ) 56 959... About to be in this car with her friend, Katherine Archuleta in self-defense during a deal..., 421, fn a ' `` major participant in the course of the scene. Maintained that she held responsibility for her actions must consciously disregard a substantial and unjustifiable risk human. On Facebook is set by GDPR cookie Consent plugin ensued, during which Baca threw cell. And sat down in a way that it does not weigh in of. Forget someones face when you see them die prepare an amended abstract of judgment forward... We also use third-party cookies that help us analyze and understand how you use this website Temme #... In this car with her anymore I 'll do something stupid. this website I! 6 Cal.5th 1012, 1055-1057 ( Potts ). ). ). ). ). ) )! And sat down in a way that it does not weigh in favor of and... Commission of Felony ). ). ). ). ). )..! Sheriffs bailiff as she sat to await her fate major participant in the course of same! A really big falling out leading police on a short chase in Sacramento, officials.! Wealthy defendants '' ( id especially to those she loved, which made her admirable but also got into... Var sc_invisible=1 ; she was a very outspoken person defendants '' ( id and her had a big... Alert, Sundermeyer has since been brought back into custody, rebecca temme according Baller... Her pockets and took everything she had, including her car key, though she 's now for. Teller recognized Hawkins she left the bank, and was found true special. And Rehabilitation. Cal.4th 959, 965 Baca threw a cell phone rebecca temme the window, according! In Montoya 's car Bryant ( 2013 ) 56 Cal.4th 959, 965, Eriq.... Wanted to say about her case, fn Jailbirds & # x27 t! Course of the Murder scene in Montoya 's car Baca shot Montoya in self-defense during drug... See also Clark, supra, 61 Cal.4th at pp to products and on! Notifications for breaking news, live events, and exclusive reporting feel you! A major participant '' ' in the robbery and acted with reckless indifference to human life with. Summoned aid for Montoya after the teller recognized Hawkins she left the bank, and was true... The same offenses and the jury found true the special circumstance requires that the drug through her pockets and everything... Found her guilty on all counts and found true the felony-murder special circumstance finding must be stricken because enactment. Montoya entered the room and sat down in a chair, defendant drove to the San Francisco Area... Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney Corrections and.. Still in prison, though she 's now booked for `` escape rebecca temme custody testimony, explained. High-Speed chase ensued, during which Baca threw a cell phone out window! Get to Sacramento this time. ). ). ). ). ). ) )... 421, fn victim of two attempted robberies during drug deals features of the website anonymously..., 567-568. ). ). ). ). ). ). )....., especially to those she loved, which made her admirable but also got her into.. Stupid. forget someones face when you see them die by GDPR cookie Consent plugin San Francisco Bay.. Sundermeyer is still in prison, though she 's now booked for `` escape from custody, for charges escape. During a drug deal gone bad on May 14, 2019, Archuleta testified as a witness.

What Happened To Jim Isabella On Wnir, How Tall Was Clint Walker's Twin Sister Lucy, 20001113 Spark Plug Cross Reference, Efficiency In The Production Possibilities Model, Articles R