), 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]. Defendant approached Montoya's car and said that Baca would not give Archuleta a tattoo because Montoya and Archuleta "weren't supposed to bring anybody with [them]." I cant really discuss it because Im still fighting it. 1015, 4), when the defendant or an accomplice killed someone during the perpetration of or attempt to perpetrate certain enumerated felonies, including robbery, the defendant was liable for first degree murder under the felony-murder rule. Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. But opting out of some of these cookies may affect your browsing experience. 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. Defendant and Baca immediately went through Montoya's pockets. 22. top of page. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. 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. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. The incident happened back in March 2017. The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. These cookies will be stored in your browser only with your consent. 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. 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. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. She was a very outspoken person. 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. It is unclear from the record whether defendant was referring to Montoya in this message. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. Source: Netflix Article continues below advertisement Rebecca Temme's Crime In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. ' [Citation.]" 1437, which went into effect on January 1, 2019 (2017-2018 Reg. She said she was ready to go back to school and to work for money, not to just take it.. The pair took Montoya's keys and took off. We do not review his conviction on this appeal. Ervin shot her in the head and fled to the defendant's car. 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." A firearms expert determined that the casing and the bullet that killed Montoya had been fired from the gun found when Baca and defendant were apprehended. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. . Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. How close will snow get to Sacramento this time? We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. [Citation.] Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. The ultimate question "is 'whether the defendant's participation "in criminal activities known to carry a grave risk of death" [citation] was sufficiently significant to be considered "major" [Citation].' Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. at p. 808; see also Clark, supra, 63 Cal.4th at pp. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. (Id. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. notice: mugshots.com is a news organization. / CBS Sacramento. 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. Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. 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 . 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. var sc_project=9095613; A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. Prior to that, me and her had a really big falling out. 190, subd. 2023 CBS Broadcasting Inc. All Rights Reserved. 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. Im not that dumb.. The victim happened to be my wife, Temme told producers. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. She said, No matter what you do in life, theres a good or bad consequence. (See People v. Temme (Sept. 24, 2020,, Full title:THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant, Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). At one point, Archuleta mentioned that she wanted a tattoo. COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento). with malice aforethought." With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. What was Rebecca Temme's crime and where is she now? And I know how to drive. document.write(" Como Quitar El Trip Del Tablero,
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