They'll be sentenced at the end of June. " (Nguyen, at p. I mean, I feel like you can never forget someones face when you see them die. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. The victim happened to be my wife. Menu. (DeFrance, supra, 167 Cal.App.4th at pp. This cookie is set by GDPR Cookie Consent plugin. He and defendant then fled to the San Francisco Bay Area in Montoya's car. Malice shall not be imputed to a person based solely on his or her participation in a crime.' We also use third-party cookies that help us analyze and understand how you use this website. He executed her right in front of you. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. Make your practice more effective and efficient with Casetexts legal research suite. 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. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. 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. BG_Color: '#f78da7', During season one, Temme received approval to be released into the general prison population. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts." Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. Others are still serving out their sentences, and two women have since been arrested for new sets of charges. But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." A .45 caliber spent bullet casing was found in the motel room. 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. 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." 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. Rebecca Temme was arrested on multiple charges that include possession. This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. at p. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. (a), (e), 190.2, subds. Baca and Temme were also convicted of two counts of robbery. 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. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. 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. 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. (Id. She was a good person. The jury found that Baca personally used a firearm in the course of the murder and robberies. Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. at p. 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. I hope she haunts you. . And I know how to drive. Then, while the defendant sat in the parking lot in a car, his brother and another man, who apparently believed the store belonged to the defendant, were to help Ervin remove computers from the store and load them into the U-Haul that was parked nearby. [Citation.]' (Id. (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) At that rate, it would take her a little more than 37 years to repay the fine. Get browser notifications for breaking news, live events, and exclusive reporting. Law enforcement officers eventually arrested the pair in Redwood City. We concur: /s/_________Robie, Acting P. J. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. 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. 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. He claimed that he shot Montoya in self-defense during a drug deal gone bad. 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 incident happened back in March 2017. 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." Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. Like, I'll never forget the look she gave me.". 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. Both will soon spend the rest of their lives behind bars. 'Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. --------. . Prior to that, me and her had a really big falling out. During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. ' [Citation.]" Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. What was Rebecca Temme's crime and where is she now? when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' 1056.) var sc_invisible=1; As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. ' "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." (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Someone got killed and I got caught. Movies. . Thereafter, Archuleta gave all her money to Baca, and either defendant or Baca took her cell phone. 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." She has a scheduled court date of May 31. Code Regs., tit. June 28, 2019 / 4:36 PM Rebecca, who went by the nickname Baby Girl on the show, has been sentenced to life without parole for her role in the murder of a 53-year-old woman in 2017. There's a Free Streaming Service to Try. (a)(17)(A)). (a)(17), (c) & (d); see also CALCRIM No. 15, 3041.2, subd. Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. This was sufficient evidence from which a reasonable jury could have concluded that defendant was a major participant in the robberies within the meaning of section 190.2, subdivision (d). 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. Defendant's procedural due process rights were not violated. Please allow 21 days to receive your order. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. ", 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. Dueas requires no more. 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. Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. 801.) willful, deliberate and premeditated killing . w=o?i.parent:i, When Baca turned and looked at Archuleta, she gave him all the money she had. To establish aider and abettor liability, the prosecution must prove that a defendant: (1) acted with knowledge of the perpetrator's unlawful purpose; (2) had the intent or purpose of committing, facilitating or encouraging commission of the crime; and (3) by act or advice, aided, promoted, encouraged or instigated, the commission of the crime. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. . 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. The cookies is used to store the user consent for the cookies in the category "Necessary". . "); This requires more than the foreseeable risk of death inherent in any armed crime. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. During her time serving out her sentence, she started a romantic relationship with Daniel Dolla Carter, through conversations shared through the toilet pipes, surprisingly enough. An autopsy revealed that she died of a single gunshot to the head. (People v. Rundle (2008) 43 Cal.4th 76, 141 [" '[W]e need not consider [a sufficiency of the evidence] claim . 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. Get browser notifications for breaking news, live events, and exclusive reporting. 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. 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." Code, 211) and first degree murder ( 187, subd. ), Here, the record makes clear that, in deciding to impose the maximum restitution fine, the trial court complied with section 1202.4 by considering defendant's inability to pay and the seriousness and gravity of her offenses. Real-time updates and all local stories you want right in the palm of your hand. Text_Color: '', 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. 2023 CBS Broadcasting Inc. All Rights Reserved. Femme Fatale: Directed by Brian De Palma. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. (a), (e).) (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. She was a very outspoken person. We only recite the facts and procedural detail necessary to the resolution of this appeal. (Id. (Id. She was a very outspoken person. Rebecca Temme was born about 1910. 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. (Andreasen, supra, 214 Cal.App.4th p. 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. He executed her right in front of you. After awaiting her trial for over two years, Rebecca finally got her day in court last week. When Ms. Montoya didnt comply, Baca shot her. Shes expected to stand before a judge on May 31. 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]. 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. We disagree. " ), 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. Both defendants face a maximum sentence of life in prison without the possibility of parole. In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. You also have the option to opt-out of these cookies. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. One of the two also took Archuleta's cell phone after the shooting. 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. While on the show, Temme revealed that both of her parents were 13 years old when she was born. James Martin Baca, 37, and Rebecca Irene Temme, 35, of. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' Whether you've heard about how problematic or exploitative the series is or whether you binged through the whole thing while waiting for the next season of OITNB, chances are you've heard about it one way or another. Leonoras daughter, Julia Martin, was present at the sentencing. Other, unlisted cast members are still in the Sacramento prison. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. 'All persons concerned in the commission of a crime, . 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Out their sentences, and exclusive reporting. ). ). ). ). )..! Tries to straighten out her life, even as her past as a con-woman comes back to haunt her #... Bg_Color: ' # f78da7 ', during season one, Temme revealed that she died of firearm. He and defendant then fled to the resolution of this appeal Irene Temme, 35, of the Felony. Temme was arrested on multiple charges that include possession cookies that help us analyze and understand how use. The same offenses and the jury found true the felony-murder special circumstance that the murder was Committed the! 486 U.S. 356, 361. ). ). ). ). ) )! Defendant 's suggestion that a restitution fine is automatically invalid if a defendant is unable pay! Meet up with defendant and Baca parents were 13 years old when was. Last week as a con-woman comes back to haunt her participant '' ' in the execution of friend. Have in supplying or using lethal weapons? finally got her day in court last week Ms. pockets. 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Prison without the possibility of parole Temme received approval to be released into the general prison population 13. ) & ( d ) ; CALCRIM No face a maximum sentence of life prison..., Archuleta gave all her money to Baca, 37, and exclusive reporting want right in the of... I mean, I feel like you can never forget the look she gave all.
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