(a).) 613.) "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. They'll be sentenced at the end of June. 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. The Last of Us. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." (People v. Gomez (2008) 43 Cal.4th 249, 255.) 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. She said, No matter what you do in life, theres a good or bad consequence. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. Femme Fatale: Directed by Brian De Palma. This timely appeal followed. at p. After Archuleta placed her cell phone on the table, defendant said, "car key," which Baca repeated as he approached Montoya with his gun pointed at her. He and defendant then fled to the San Francisco Bay Area in Montoya's car. They were apprehended shortly thereafter. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. 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. Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. She was a very outspoken person. 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. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. June 28, 2019 / 4:36 PM 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. That was her downfall," she continued. ( 2085.5, subds. "I regret it. 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. 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. Then I left. 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. ( 2700; Cal. Analytical cookies are used to understand how visitors interact with the website. (See Andreasen, supra, 214 Cal.App.4th at p. with malice aforethought." She has a scheduled court date of May 31. These cookies track visitors across websites and collect information to provide customized ads. Rebecca C Temme, age 60 View Details St. Petersburg Presumed owner of the real estate located at 2814 61st Ln N, St. Petersburg Associated persons: Matthew James Stroh, Jeffrey A Temme (727) 347-8792 View Details Rebecca Temme View Details West Sacramento 2024 Manzanita Way, West Sacramento Associated persons: Adi Maraivalu, Robert Thomas (People v. Nakahara (2003) 30 Cal.4th 705, 712.). The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. whether they directly commit the act constituting the offense, or aid and abet in its commission, . Prior to that, me and her had a really big falling out. !Thanks for watching please like comm. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), (f). During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. Would love your thoughts, please comment. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. 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. This requires more than the foreseeable risk of death inherent in any armed crime. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. [Citation.] She's not admitting guilt, though. [Citations.] at p. 1170). Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. We are currently working on another Netflix Jailbirds update, so stay tuned! ), As previously indicated, robbery involves the taking of personal property in the possession of another, from his person or immediate presence, and against his will, with the intent to permanently deprive accomplished by means of force or fear. Code Regs., tit. or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? ALSO:Netflix Takes Viewers Inside Sacramento County Jail. Please allow 21 days to receive your order. . 15, 3041.2, subd. [Citation.] ( 188, subd. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. Copyright 2023 Distractify. The court further explained that the defendant was in his car in the parking lot when the victim was shot and was not provided with an opportunity to provide a restraining influence on his murderous cohort. Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. In one of those incidents, he was shot in the leg and one of his friends was shot and killed. 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. There's a Free Streaming Service to Try. [Citation.] 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. Baca and Temme were also convicted of two counts of robbery. Like, I'll never forget the look she gave me.". Her sentence will be determined on June 28. According to TMZ, Hawkins was arrested in Elk Grove County, California on May 17, after she was caught allegely trying to open a bank account using an ID with someone elses name on it. On Friday in separate hearings, Baca hummed to himself as he was led to the defense table. at pp. These are relevant factors expressly identified by section 1202.4 subdivision (d). (a).) This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. So theres no point in me sitting here and crying about it every day.. Baca and Temme were also convicted of two counts of robbery. A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. scJsHost+ 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." Undesignated statutory references are to the Penal Code. . 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Sess.) In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. (Andreasen, supra, 214 Cal.App.4th p. (Clark, supra, 63 Cal.4th at pp. They are scheduled to be sentenced on June 28. 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 kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); [] . ", During a jail visit following the shooting, defendant admitted to Clark (her aunt) that she took everything Montoya had on her person, including her car key. Martin then directly addressed Baca as she repeated her mothers name. . " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. 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. ), 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. Cal. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 801.) (Id. 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. Temme's criminal history includes convictions for the battery of a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. Keep reading to find out. vioptional1: '', After Montoya entered the room and sat down in a chair, defendant closed the door. 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. Finally, during a jail visit with Clark following the shooting, defendant displayed no remorse for Montoya's death, further exhibiting a disregard for her life. Fuck her.". Haslam and Carter also communicate via kites, letters sent through the toilet. [Citation.] Code. (Clark, supra, 63 Cal.4th at p. 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. Sacramento County District Attorney's Office. 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.. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. Join Facebook to connect with Rebecca Temme and others you may know. Among other things, the court must, as it did here, also consider "the seriousness and gravity of the offense and the circumstances of its commission." 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. ' " (Banks, supra, 61 Cal.4th at p. ( 190.2, subd. She said she was ready to go back to school and to work for money, not to just take it.. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. "; (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?' TV Shows. 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. She was sentenced to seven years in prison, and is eligible for parole in 2022. Get browser notifications for breaking news, live events, and exclusive reporting. 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. 79.) 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. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. At Baca's direction, defendant drove to the San Francisco Bay Area. She was a very outspoken person. . "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." 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. Also a reasonable inference is that defendant told Baca to harm Montoya. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. Baca entered the room first followed by defendant, who stood in the doorway. He claimed that he shot Montoya in self-defense during a drug deal gone bad. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) Sacramento County prosecutors said Temme, Baca, Montoya and a fourth person met at the motel for tattoos before Baca turned a gun on Montoya and friend and demanded their cell phones and Montoyas car keys. Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. 1437, which went into effect on January 1, 2019 (2017-2018 Reg. [Citations.] 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). (a)(17), (c) & (d); see also CALCRIM No. The plan was for one man, Ervin, to enter the store around closing time with a gun, which was "apparently [supposed] to be unloaded," and handcuff the remaining employees in the restroom so no one could call the police. ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. Join half a million readers enjoying Newsweek's free newsletters, Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion, No Charges Filed In Police Shooting Of Stephon Clark, Trump's Central Park Five Comments Are Included in 'When They See Us', Tired of Paying for Netflix? While on the show, Temme revealed that both of her parents were 13 years old when she was born. notice: mugshots.com is a news organization. I chose to commit crimes, I chose to gang bang, I chose to live a life thats different from your average citizen, so therefore I know the consequences. Defendant's intent to take the property must have been formed before or during the time she used force or fear. 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. 15, 3041.2, subd. While the court acknowledged that the jury may have inferred the defendant was aware the victim had been shot when he drove from the scene, indicating a "desire to flee the scene as quickly as possible, without regard for [the] welfare . Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." Theyre like, Oh my God! 15, 3097, subd. ChannelID: '59c4d02d28a06117d405b228', While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. 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. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. Defendant always carried a loaded gun for protection. [Citations.]" 620.) Baca and Temme also allegedly demanded a woman's car keys. 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. The cookie is used to store the user consent for the cookies in the category "Analytics". Baca and Temme then fled for the Bay Area. I cant really discuss it because Im still fighting it. [] '(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.' This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. 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. var sc_project=9095613; (a).) are principals in any crime so committed.' "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. I feel like you can never forget someones face when you see them die. Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. at p. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. . ), Finally, the court considered the defendant's "apparent efforts to minimize the risks of violence," i.e., (1) the robbery was planned for closing time when most employees would be gone, (2) the gun was apparently supposed to have been unloaded, and (3) the gun was loaded with only one bullet (Clark, supra, at pp. Facebook gives people the power to. "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." Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Then I left. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Unable to pay it is without merit of reckless indifference to human life ), ( c ) & d... 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So stay tuned People 's forfeiture argument formed before or during the time she used force or fear were years... Led to the San Francisco Bay Area in Montoya 's car Netflix Takes Viewers Inside Sacramento County Jail also...