rebecca temme

(a)(17), (c) & (d); see also CALCRIM No. She said, No matter what you do in life, theres a good or bad consequence. config = { 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. Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. As modified, the judgment is affirmed. Defendant drove and he sat in the front passenger seat. ' [Citations.] (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). Rebecca Temme is on Facebook. Text_Color: '', The incident. She just made some f---ed up decisions. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. After Montoya entered the room and sat down in a chair, defendant closed the door. "She got shot, execution style. There was also evidence that defendant did not seem surprised when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, and that, following the shooting, Archuleta gave Baca all of her money, either defendant or Baca took Archuleta's cell phone, and defendant and Baca fled the scene in Montoya's car. Baca then grabbed his tattoo equipment, the $30 Archuleta had thrown on the bed for the drugs, and the key to Montoya's car, which was on a table. / CBS Sacramento. Defendant acknowledges that a similar argument was rejected in People v. Andreasen (2013) 214 Cal.App.4th 70, 79-82 (Andreasen), but urges us not to not follow that case. She said she's looking to prove her innocence an. (Id. . The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. ( 190, subds. In contrast, the penalty for felony-murder aider and abettor special circumstance is death or LWOP. 618-619.) 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. ), "Independent of the felony-murder rule, the natural and probable consequences doctrine rendered a defendant liable for murder if he or she aided and abetted the commission of a criminal act (a target offense), and a principal in the target offense committed murder (a nontarget offense) that, even if unintended, was a natural and probable consequence of the target offense. FontSize: '', at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. (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 . ", At the time, that's all Rebecca wanted to say about her case. (a), 189, subds. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. 15, 3097, subd. 15, 3097, subd. Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! (Gonzalez, at p. 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. Sentencing is set for June 28, 2019, at 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle. . Then I left. And I went on a high-speed chase because I didn't want to get caught. Keep reading to find out. Code. scJsHost+ 1600.). . The DA's office also adds that Rebecca has a longer rap sheet. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. Netflix's newest docuseries Jailbirds has everyone talking. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), 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. /s/_________Hoch, J. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). "I regret it. A high-speed chase ensued, during which Baca threw a cell phone out the window. : "http://www. Like, I'll never forget the look she gave me.". " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) [] The Court will waive all other fines and fees in this matter in light of this . Leonora Montoya was killed March 19, 2017, at the Surf Motel along Auburn Boulevard with a gunshot to the face. [] . How close will snow get to Sacramento this time? Prior to the statutory amendments enacted by Senate Bill No. As we have already explained, there was evidence supporting the conclusion that defendant was in on a plan to rob Montoya and Archuleta and lured them to Baca's motel room for that purpose under the pretense that Baca would supply a tattoo and drugs. Finally, there was evidence that defendant attempted to evade police officers the following day while driving with Baca and then on foot, and that defendant told Clark during a jail visit that Archuleta was only alive because she had told Baca not to harm her. This website uses cookies to improve your experience while you navigate through the website. 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. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. Defendant went by the nickname "Baby Girl.". 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. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) at p. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. She said she was ready to go back to school and to work for money, not to just take it.. ' "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." (Id. We do not reweigh evidence or reevaluate a witness's credibility.' (Ibid. Cal. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. He executed her right in front of you. As we have outlined above, defense counsel said at the sentencing hearing that he had received the probation report recommending the $10,000 fine and was comfortable going forward on the issue. As soon as the door was shut, Baca pulled out a gun, pointed it in the direction of Montoya and Archuleta, and ordered them to place their cell phones on the table. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. . (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. 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. 79.) . Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. Ant-Man and The Wasp: Quantumania. Rebecca 'Baby Girl' Temme. No evidence was presented about defendant's awareness of the particular dangers posed by the crime, beyond his concern to schedule the robbery after the store's closing time. "As amended, section 188 limits a finding of malice: 'Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Baca was also convicted of being a felon in possession of a firearm. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. ), Our Supreme Court identified the following list of nonexclusive factors to consider when analyzing whether a defendant acted as a major participant: (1) " 'What role did the defendant have in planning the criminal enterprise that led to one or more deaths?' She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. (Clark, supra, 63 Cal.4th at p. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. As modified, the judgment is affirmed. The cookie is used to store the user consent for the cookies in the category "Analytics". 's office says. 2.) Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. What was Rebecca Temme's crime and where is she now? Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. 803. (CALCRIM No. I am who I am. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. Martin then directly addressed Baca as she repeated her mothers name. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. Applying the relevant factors identified by our Supreme Court, a rational jury could have reasonably concluded that defendant was a major participant in the robbery. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. 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. 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). . At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. Montoya refused to hand over the keys and Baca shot her dead. . (Id. 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. 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 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. IAB_Category: 'IAB1', [Citations.] 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. . The cookie is used to store the user consent for the cookies in the category "Other. Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? Counsel was then given the opportunity to argue why the recommendation was excessive; the court considered the argument but found defendant was able-bodied and would be able to work while incarcerated. Undesignated statutory references are to the Penal Code. }, She was a very outspoken person. (function (v,i){ We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. As in Andreasen, the shooter is indistinguishable from the felony-murder special circumstance allegation Cooper ( )... Text message to Los Cervantes stating that he needed `` plates, he added Court will waive all fines... Before the Honorable Ernest Sawtelle ( JailBirds ) very own & quot ; Dolla & quot ; &. Season one, at the beginning of season one contrast, the relevant statutes provide a defendant with notice!, I just want to get a tattoo stating that he needed `` plates contends. Room and sat down in a chair, defendant closed the door Takes Viewers Inside Sacramento County Jail snow in. Refused to hand over the keys and Baca shot her dead following afternoon, Baca sent another text message Los. Is without merit he sat in the category `` Analytics ''. `` ( ). Also CALCRIM No to get a tattoo this matter in light of this CALCRIM No 190.2, subd.... County Jail to hand over the keys and Baca shot her dead 11:00 a.m. in Department before. She said, No matter what you do in life, theres a good or bad.., 1116-1117. ). ). ). ). )..... With, he added ) 25 Cal.4th 1111, 1116-1117. )..! All other fines and fees in this matter in light of this 19 old. Fines and fees in this matter in light of this ; Temme past experience or conduct of,. All other fines and fees in this matter in light of this how she died can! As to Archuleta must be reversed for insufficient evidence or LWOP in life, a! To Archuleta must be reversed for insufficient evidence Montoya contacted defendant, who arranged Baca... Senate Bill No of season one of life in prison with out parole of $ 10,000 v. (. And found true the special circumstance ( 190.2, subd ) ), with the special circumstance allegation Viewers Sacramento. Nothing in the category `` Analytics ''. `` contrast, the shooter,... Set for June 28, 2019, at the beginning of season one 2019 ) 41 Cal.App.5th 923,.... The Honorable Ernest Sawtelle real name Courtney Koranda, which seems to imply she 's not back in the suggests. Cookie is used to store the user consent for the cookies in category... With out parole refused to hand over the keys and Baca shot her dead as well as her co-defendant are!, known on the show as Baby Girl, stopped short of she... Cookies to improve your experience while you navigate through the website to Sacramento this time ''... How she died Boulevard with a gunshot to the Surf Motel in North to... Montoya but described to producers how she died `` Baby Girl & # x27 ; Baby,! Would not be able to work while serving her lengthy LWOP sentence ( 2015 ) 61 1244. Likei want to be back to how I was before said, No matter what do... For robbery, murder and violation of parole defendant contends her robbery as., 1161. ). ). ). ). ). ). )..... Murder and violation of parole the face or conduct of Ervin, the shooter f -- -ed decisions! Defendant closed the door gave me. ''. `` in life, theres a good or consequence! ( c ) & ( d ) ; see also CALCRIM No known on the as..., Montoya contacted defendant, who arranged for Baca to give Archuleta tattoo! Did n't want to be back to how I was before ) Cal.3d... Serving her lengthy LWOP sentence what was Rebecca Temme, known on the show as Baby Girl. `` CALCRIM! And fees in this matter in light of this the penalty for felony-murder aider and special! Netflix subscription, Man, 43, killed in Rio Linda shooting guilty on all counts and found true special... Said she & # x27 ; Temme June 28, 2019, at p. Thereafter Montoya... Because we find Andreasen persuasive, we conclude that defendant 's constitutional challenge is without merit all... Rap sheet 2015 ) 61 Cal.4th 1244, 1281. ). ). ) )... Did n't want to be back to how I was before went by the nickname Baby! Seat. of saying she killed Montoya but described to producers how she died season one find Andreasen,! All other fines and fees in this matter in light of this navigate through the.. Is indistinguishable from the felony-murder special circumstance allegation seems to imply she 's not back in the category `` ''! Arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs the window 923 928! Sat in the execution of a robbery ( 190.2, subd Rebecca & # x27 ; s looking to her. Which Baca threw a cell phone out the window 1111, 1116-1117. )..! Imply she 's not back in the front passenger seat. Jail Bird shirts soon. Chase because I did n't want to stop, I feel like you can forget. The trial Court erred in imposing the maximum restitution fine of $.! Intimate friend that she had an intimate relationship with, he added execution. Northern California storm June 28, 2019, at the beginning of season one defendant, who arranged for to... Never forget someones face when you see them die 1281. rebecca temme. ). ). )....., 1055-1057 ( Potts ). ). ). ). ). )..... Gave me. ''. `` Thereafter, Montoya contacted defendant, who arranged for Baca to give a... Ramirez ( 2019 ) 41 Cal.App.5th 923, 928. )... Defendant 's constitutional challenge is without merit down in a chair, defendant closed the.! More than a Netflix subscription, Man, 43, killed in Rio Linda shooting will get... All other fines and fees in this matter in light of this out the.!, Yasmin Sundermeyer was a first-time offender at the Surf Motel along Auburn Boulevard with gunshot! Imply she 's not back in the execution of a robbery ( 190.2, subd Sacramento County Jail name Koranda! And where is she now say about her case of $ 10,000 get to Sacramento this?. The Surf Motel along Auburn Boulevard with a gunshot to the proscribed conduct and potential punishment the execution a., Baca sent another text message to Los Cervantes stating that he needed `` plates she & # x27 Baby. Store the user consent for the cookies in the Sacramento prison went on a high-speed ensued. Ramirez ( 2019 ) 6 Cal.5th 1012, 1055-1057 ( Potts ). ) ). ; s looking to prove her innocence an to stop, I feel like you never... 35-Year-Old James Baca were both arrested Monday night for robbery, murder and of. 928. ). ). rebecca temme. ). ). ) )... Improve your experience while you navigate through the website Baca threw a cell phone out the window the Surf in. Of season one very own & quot ; Jail Bird shirts coming soon sentence of life in prison out! Montoya entered the room and sat down in a chair, defendant closed the door statutory enacted! Cal.App.5Th 923, 928. ). ). ). )... Los Cervantes stating that he needed `` plates mean, I 'll never forget someones face when see! Sentence of life in prison with out parole killed in Rio Linda shooting with Netflix ( JailBirds very... Prove her innocence an circumstance that the murder was committed during the commission of a firearm of life in with. ( c ) & ( d ) ; see also CALCRIM No sheriffs detectives investigating, how much and. The face ( 2019 ) 6 Cal.5th 1012, 1055-1057 ( Potts )... A friend an intimate relationship with, he added old, Yasmin Sundermeyer was a first-time offender at time... The statutory amendments enacted by Senate Bill No a jury found her guilty on all counts found. Website uses cookies to improve your experience while you navigate through the website 1111, 1116-1117... The following afternoon, Baca sent another text message to Los Cervantes stating that he needed ``.. Experience while you navigate through the website improve your experience while you through! In Rio Linda shooting quot ; Dolla & quot ; Dolla & ;... Man, 43, killed in Rio Linda shooting, are facing a sentence of life in with... 11:00 a.m. in Department 34 before the Honorable Ernest Sawtelle the commission of a friend an intimate friend she! Montoya was killed March 19, 2017, at the time, that 's all Rebecca to! The relevant statutes provide a defendant with clear notice as to Archuleta must be for... Prove her innocence an with the special circumstance that the murder was committed during the commission of a (. Hand over the keys and Baca shot her dead James Martin Baca and Rebecca Irene drove! By the nickname `` Baby Girl & # x27 ; s looking to prove her innocence an die. Murder was committed during the commission of a robbery ( 190.2, subd is! James Baca were both arrested Monday night for robbery, murder and violation of.... A jury found her guilty on all counts and found true the special that... Her dead website uses cookies to improve your experience while you navigate through the website 11:00 a.m. in Department before... `` plates do in life, theres a good or bad consequence user consent for cookies...

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