Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. And I'll never forget her face. 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. Cocaine Bear. The trial court sentenced her to life without the possibility of parole (LWOP) for the murder conviction, plus consecutive six-year terms for the robbery convictions, one of which was stayed under section 654. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. "Because I'm on the Netflix documentary I feel like it's like the perfect opportunity for them to like really slap the book at me," Hawkins told CBS. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. (Id. In the other incident, he was shot in the ankle. (Id. (Clark, supra, 63 Cal.4th at p. 615. 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. In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. He executed her right in front of you. (a).) Knock at the Cabin. Both will soon spend the rest of their lives behind bars. As she lay there bleeding out, you went through her pockets. We disagree. " Further, defendant could have rendered or summoned aid for Montoya after the shooting. Read in the abstract, this sentence appears to support defendant's position. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. The jury found that Baca personally used a firearm in the course of the murder and robberies. [Citation.]" "; (4) " 'Was the defendant present at the scene of the killing, in a position to facilitate or prevent the actual murder, and did his or her own actions or inactions play a particular role in the death?' ( 1202.4, subd. Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. Get browser notifications for breaking news, live events, and exclusive reporting. 1164.) Baca and Temme were found in the vehicle in the Bay Area city of Menlo Park, and the pair led officers on a high-speed pursuit. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. 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. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. (a), (e), 190.2, subds. Distractify is a registered trademark. ), "Senate Bill 1437 was enacted to 'amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.' (Ibid.) Defendant drove and he sat in the front passenger seat. 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. That was her downfall," she continued. 15, 3097, subd. ), In reaching this conclusion, the court explained that while the defendant knew a gun would be used, this fact alone was insufficient to establish reckless indifference. There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. As added by [Senate Bill No.] Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. 15, 3040, subd. 2019 CBS Broadcasting Inc. All Rights Reserved. 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. . Defendant had notice as to the proscribed conduct and potential punishment." SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. 621. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. "She got shot, execution style. we post and write thousands of news stories a year, most wanted stories, editorials (under categories - blog) and stories of exonerations. 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. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. On May 14, 2019, a jury found Baca and Temme guilty of first-degree murder and robbery. I am who I am. (f).). You can contact Asa via Twitter, Facebook, or email at starcasmtips(at)yahoo.com Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. The next day, defendant attempted to elude the police as the driver in a high-speed car chase and she ran after a patrol car blocked the car. First published on May 14, 2019 / 11:38 AM. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. 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. 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. A high-speed chase ensued, during which Baca threw a cell phone out the window. She was a very outspoken person. This timely appeal followed. There was evidence that defendant was not surprised when Baca pulled out his gun and that she actively encouraged the robbery by demanding Montoya's car key while Baca had Montoya at gunpoint. There's a Free Streaming Service to Try. Other, unlisted cast members are still in the Sacramento prison. The two suspects in the homicide, James Martin Baca, 37, and Rebecca Irene Temme, 35, of Sacramento, allegedly fled the scene by stealing Ms. Montoya's car. Fuck her." ), As for the mens rea requirement of reckless indifference to human life, our Supreme Court has explained that a defendant must be " ' "subjectively aware that his or her participation in the felony involved a grave risk of death." 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. (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). Both defendants face a maximum sentence of life in prison without the possibility of parole. This timely appeal followed. In January 2018 defendant was charged by felony information with two counts of robbery ( 211) and one count of first degree murder ( 187, subd. [Citation.] 621-622), and concluded: "Defendant's culpability for [the victim's] murder resides in his role as planner and organizer, or as the one who set the crime in motion, rather than in his actions on the ground in the immediate events leading up to her murder. Still, Rebecca says, "I love my mother f---ing life.". The pair took Montoya's keys and took off. 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. 1600.). When defendant's path was blocked by a patrol car, defendant and Baca got out of Montoya's car and fled on foot. (a)(17), (d).) Now, Rebecca faces a maximum sentence of life in prison without the possibility of parole. 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? Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. So theres no point in me sitting here and crying about it every day.. . 805.) In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. 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. Temme and a man, James Martin Baca . Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. 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). With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. 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. Defendant argues that prosecutors have unfettered discretion to choose whether to charge a felony-murder special circumstance enhancement, and therefore the same crime can result in different penalties, depending on how the prosecutor exercises his or her discretion; these circumstances expose aiders and abettors to arbitrary enforcement of the special circumstance that can be based on impermissible factors such as race. The gun Ervin used to murder the victim had been loaded with one bullet. Analytical cookies are used to understand how visitors interact with the website. And I know how to drive. 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. Gov. Facebook gives people the power to. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. (Id. 2023 CBS Broadcasting Inc. All Rights Reserved. Foremost, I will not apologize for surviving. 536, 612.) 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. vioptional3: '', This story was originally published June 28, 2019, 5:16 PM. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. " (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].) From the bench on Friday, Sawtelle filled in the grim details Teeme left out while meting out the life sentence as Montoyas family looked on from the gallery. (Id. Defendant was at the scene of the crime and had the opportunity and apparent ability, given her comment about Archuleta, to stop Baca prior to the fatal shooting. vioptional1: '', Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. ( 188, subd. Language: 'en-us', 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. That was her downfall. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. 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. 2019 CBS Broadcasting Inc. All Rights Reserved. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. [] . 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. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. ( 190.2, subd. After awaiting her trial for over two years, Rebecca finally got her day in court last week. They were apprehended shortly thereafter. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. FontSize: '', Baca and Temme also allegedly demanded a woman's car keys. at pp. These different charging options subject a defendant to different penalty options (cf. Im not stupid. 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. Julie didn't mention that the drug. Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Here, there was ample evidence from which a jury could reasonably have concluded that defendant was an aider and abettor of the robbery of Archuleta. Shes expected to stand before a judge on May 31. (Clark, at p. Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. (a), (e).) document.write("