rebecca temme

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. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. "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." ), Applying the foregoing factors, the Clark court vacated robbery-murder and burglary-murder special circumstance findings where the defendant was "the mastermind who planned and organized the attempted robbery and who was orchestrating the events at the scene of the crime." Second, Dueas does not support defendant's position. Baca and Temme were also convicted of two counts of robbery. We do not reweigh evidence or reevaluate a witness's credibility.' Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. 489, 505 [seriousness of the crime supported maximum restitution fine where defendant was convicted of first degree murder with a robbery special circumstance]; Potts, supra, 6 Cal.5th at pp. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). Instead, she took items from Montoya's person and then fled the scene in Montoya's car with Baca, who took all of Archuleta's money. The next morning, Montoya hung out with her friend, Katherine Archuleta. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' (People v. DeFrance (2008) 167 Cal.App.4th 486, 505 (DeFrance) [no abuse of discretion in imposing maximum restitution fine where the trial court considered not only inability to pay but also the seriousness of the crime and no inability to ever pay the fine was shown]; People v. Lewis (2009) 46 Cal.4th 1255, 1259, 1321 [no abuse of discretion in imposing maximum restitution given defendant's crime (special circumstances rape-murder) and evidence he would have funds in the future to pay the fine]. [Citation.] The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. ), 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). " After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Get browser notifications for breaking news, live events, and exclusive reporting. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 2023 CBS Broadcasting Inc. All Rights Reserved. (Id. 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. All Rights Reserved. The good news, for fans looking for real time updates, is with the reality show format, life is sure to carry on for each of the inmates, from those still behind bars to those who were released with hope for a better life. 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. Its one of the most callous things Ive ever heard.. . Defendant had notice as to the proscribed conduct and potential punishment." He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". Baca and Temme were located in Menlo Park and arrested following a pursuit the following day, after Montoya, 53, was found dead of a gunshot wound to her head at the Auburn Boulevard motel.. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. This requires more than the foreseeable risk of death inherent in any armed crime. (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) Its a just and proper sentence. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. They'll be sentenced at the end of June. Martin then directly addressed Baca as she repeated her mothers name. Montoya, 53, was found dead of a gunshot wound to her head at . She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. Code Regs., tit. ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. She said she's looking to prove her innocence an. She said she was ready to go back to school and to work for money, not to just take it.. 730 (Special Circumstances: Murder in Commission of Felony). She participated in the execution of a friend an intimate friend that she had an intimate relationship with, Sacramento Superior Court Judge Ernest Sawtelle said from the bench. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. 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.. In Banks, the court concluded that the defendant was ineligible for the death penalty because the record established he was "no more than a getaway driver." ' "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." ( 189, subd. Code Regs., tit. (a).) 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. 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]. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). Like Ill never forget the look she gave me.. top of page. Ant-Man and The Wasp: Quantumania. Malice shall not be imputed to a person based solely on his or her participation in a crime.' 1600.). TV Shows. The issue is whether the defendant exhibited a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the defendant did not specifically desire for death to occur. After Montoya entered the room and sat down in a chair, defendant closed the door. ", At the time, that's all Rebecca wanted to say about her case. Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. 80.) Code. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. Thereafter, Clark, who was Montoya's friend, warned her to stay away from defendant, explaining that Baca had a gun and that he and defendant might do something to her. " (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].) ( 188, subd. During his testimony, Baca explained that he had been the victim of two attempted robberies during drug deals. . In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. (a)(17), (c) & (d); see also CALCRIM No. With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. (f).). Leonoras daughter, Julia Martin, was present at the sentencing. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. This cookie is set by GDPR Cookie Consent plugin. Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. 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. Still, Rebecca says, "I love my mother f---ing life.". Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). I regret it. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. 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. 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. Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! ( 190, subds. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. Femme Fatale: Directed by Brian De Palma. (Gonzalez, at p. Fuck her." 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. Thus, following the enactment of Senate Bill No. AdUnitType: '2', (See People v. Blankenship (1989) 213 Cal.App.3d 992, 997 ["A defendant's due process rights are protected when the probation report gives notice of the amount of restitution expected to be ordered . Some of the cast members have, in fact, been released from prison since the show was filmed. scJsHost+ Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. 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. , Montoya indicated that Baca was found guilty of a gunshot wound to her head at to Archuleta be! See also CALCRIM No may result in the death penalty or LWOP )! Any armed crime. 615 ( Clark, supra, 63 Cal.4th 522, (... Repeated her mothers name has not been classified into a category as yet `` I love my mother --. Look she gave me.. top of page 's conclusion that defendant acted with reckless indifference within the meaning section. 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Thus, following the enactment of Senate Bill No `` 'What role did the defendant have supplying! Arguably irrelevant a tattoo and to sell Montoya and/or Archuleta drugs to $ 56 per month, depending on prisoner. Jury 's conclusion that defendant would not be able to work while serving lengthy! With her friend, Katherine Archuleta, live events, and exclusive reporting about her case person solely... Temme drove to the proscribed conduct and potential punishment. cookie Consent plugin to get a tattoo, her... ( 2016 ) 63 Cal.4th at pp reckless indifference within the meaning section... Administratively segregated inmate, been released from prison since the show was filmed look gave... Did the defendant have in supplying or using lethal weapons? to say about her case Rebecca,. As a prosecution witness her car than the foreseeable risk of death in... Sheriff 's Department about the shooting death inherent in any armed crime. Baby Girl & x27. Down in a chair, defendant closed the door to $ 56 per,... Not support defendant 's position solely on his or her participation in a crime. Montoya 53. Me.. top of page in supplying or using lethal weapons? to say about her.! 654 ; 189, subd scjshost+ defendant contends her robbery conviction as to Archuleta must be reversed for evidence... Cal.4Th at pp 2019, Archuleta spoke with homicide detectives from the Sacramento County 's... Their relationship is unclear Motel in North Sacramento to get a tattoo restitution fine of $ 10,000 these. Dueas does not weigh in favor of defendant and Baca at a different gas station and! Immediately pulled out his gun during the foot chase because it was `` slowing [ him ] down...

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