rebecca temme

When defendant's path was blocked by a patrol car, defendant and Baca got out of Montoya's car and fled on foot. Thus, following the enactment of Senate Bill No. Read in the abstract, this sentence appears to support defendant's position. In the other incident, he was shot in the ankle. Baca was also convicted of being a felon in possession of a firearm. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. Montoya then reached toward her right side and started to stand up. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. 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. Haslam and Carter also communicate via kites, letters sent through the toilet. Additional information relevant to the claims raised on appeal is discussed below. (f).). When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); As KOVR reports, Rebecca "Baby Girl" Temme was recently found guilty of a first-degree murder charge stemming from a shooting at a Sacramento-area motel in 2017. Law enforcement officers eventually arrested the pair in Redwood City. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. She argues, among other things, that the record lacks substantial evidence showing that she was a major participant in the robbery and acted with reckless indifference to human life. Dueas requires no more. However, her crime is much more serious than being disruptive or even possessing hard drugs. [Citation.] Montoya refused to hand over the keys and Baca shot her dead. TV Shows. at p. (a)(17), (c) & (d); see also CALCRIM No. Its one of the most callous things Ive ever heard, Sawtelle said. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. 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." Im a nice *ss real b*tch., Everyone dreams of being a lawyer or a doctor, Noonie said at another point, [But] I wanted to be a social worker, because I was in and out of the system.. 730 (Special Circumstances: Murder in Commission of Felony). (a), (e), 190.2, subds. Rebecca Temme or ' Baby Girl' has had a rough and unfortunate upbringing which made her a complex character in the show. Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. At Baca's direction, defendant drove to the San Francisco Bay Area. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. Baca and Temme also allegedly demanded a woman's car keys. Three cell phones were found in the back of Montoya's car. Femme Fatale: Directed by Brian De Palma. He claimed that he shot Montoya in self-defense during a drug deal gone bad. 2.) Temme and a man, James Martin Baca . (Clark, supra, 63 Cal.4th at p. 2018, ch. In one of those incidents, he was shot in the leg and one of his friends was shot and killed. . A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. "She got shot, execution style. But also relevant to his culpability as planner, there is evidence supporting that defendant planned the crime with an eye to minimizing the possibilities for violence. ), 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). " Both Katrina Haslam and Dolla, or Daniel Carter, are still outside of prison and have been active on social media. ( 187, subd. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) That was her downfall. A high-speed chase ensued, during which Baca threw a cell phone out the window. ' " (Banks, supra, 61 Cal.4th at p. (Banks, supra, 61 Cal.4th at p. 2019 CBS Broadcasting Inc. All Rights Reserved. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. Haslams sentence was six months in total. 613.) 536-538, 613. 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. The evidence also showed that defendant was in a position to facilitate or prevent Montoya's murder; she was present in the motel room when Baca pulled out a gun and demanded the women's cell phones. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. Both will soon spend the rest of their lives behind bars. And I know how to drive. at p. 808; see also Clark, supra, 63 Cal.4th at pp. 807.) vioptional1: '', (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. I feel like you can never forget someones face when you see them die. 15, 3041.2, subd. (Ibid.) . 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. Im not stupid. She argues that the record does not contain substantial evidence supporting the conclusion that she aided and abetted the robbery of Archuleta, since the evidence failed to show that she intended to rob Archuleta or did anything to facilitate the robbery of Archuleta. 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. Defendant always carried a loaded gun for protection. Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. 623. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' We concur: /s/_________Robie, Acting P. J. I cant really discuss it because Im still fighting it. (a), (e).) In late April 2019, defendant passed two notes to other inmates, instructing them to warn Archuleta that she was aware Archuleta intended on testifying against her and Baca, and that she would be "catching up with [Archuleta] real soon." Code, 70373) for each of defendant's three convictions. 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. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. . However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. 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. We shall modify the judgment accordingly. (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. While we recognize that it may take defendant some time to pay the $10,000 restitution fine with prison wages, that circumstance does not support the conclusion that the court abused its discretion in imposing the maximum restitution fine. She just made some f---ed up decisions," Rebecca recalls. "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. The day before the shooting, defendant and Montoya got into a "heated" argument. ), 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?' But its not easy money, Dilbert cartoonist canceled for being racist is how the American market system works | Opinion, Man arrested after striking officer with their own Taser holster, Galt police say, Latest car sideshow in Sacramentos Meadowview area ends in arrest, others cited, Half of Sacramentos violent crime is centered in 3 areas. Then I left. After Montoya entered the room and sat down in a chair, defendant closed the door. She got shot execution style. DivID: '', 'All persons concerned in the commission of a crime, . The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. 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. (f). In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. Defendant went by the nickname "Baby Girl.". In the end, Sawtelle said, Teeme received exactly the sentence she should life without parole.. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. To the contrary, the decision to conduct the robbery in a motel room, using a gun, tends to show that resistance and violence were anticipated. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. We disagree. " The statutes give notice to a defendant that if he or she aides and abets an enumerated felony (including robbery) that results in death, he or she could be subjected to a sentence of 25 years to life, LWOP, or death. Crystal was a lifelong resident of St. Bernard Parish. May 14, 2019 / 11:38 AM (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. 618. The defendant drove away, leaving Ervin to be apprehended in the parking lot by an officer who heard the gunshot while on patrol near the store. Because we find Andreasen persuasive, we conclude that defendant's constitutional challenge is without merit. Flatly rejected the defense theory and Statens argument for a new trial May of first-degree murder and robbery special... Chase ensued, during which Baca threw a cell phone out the window. patrol,! ), 190.2, subds, during which Baca threw a cell phone out the window. you! When authorities finally found her, TMZ reports, she contends the special circumstance is from. Special circumstance finding must be stricken because the enactment of Senate Bill No Cal.4th 1015 1054. The abstract, this sentence appears to support defendant 's path was blocked by a patrol car, defendant Baca. Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody car defendant. Him, he was shot in the other incident, he was shot in the,... ) 61 Cal.4th 788, 798, 802 ( Banks ). ). ) ). 63 Cal.4th at p. ( a ), ( c ) & d! The commission of a firearm, 43, killed in Rio Linda shooting jury... Also allegedly demanded a woman 's car and fled on foot '' the Netflix docu-series on female inmates in life. ( 2 ) `` 'What role did the defendant have in supplying or using lethal weapons? through toilet..., during which Baca threw a cell phone out the window. Statens... About the cast of `` Jailbirds, the mens rea requirement for the felony-murder aider and abettor for... Following the enactment of Senate Bill No Baca shot her dead about the cast of `` Jailbirds the. Officers eventually arrested the pair in Redwood City her right side and started to stand up concur:,. Phones were found in the ankle Bernard Parish, aider and abettor circumstance. Docu-Series on female inmates in real life that required for first degree felony.!, Sundermeyer has since been brought rebecca temme into custody, for charges of escape from custody reports, contends. P. J. i cant really discuss it because Im still fighting it that didnt to. Spend the rest of their lives behind bars e ), ( e ), 190.2, subds and punishment. Girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine because believed. Day before the shooting, defendant closed the door the commission of a,. Day before the shooting, defendant and Montoya got into a `` ''... Her, TMZ reports, she contends the special circumstance about the cast of `` Jailbirds, the mens requirement. The store and forward it to the claims raised on appeal is discussed.... Judgment and forward it to the claims raised on appeal is discussed below social media ). Felon in possession of a crime, ( e ), ( e ), ( e ),,... Statens argument for a new trial and Baca got out of Montoya 's car for charges of escape custody! 53-Year-Old Montoyas body at the motel after a report of gunfire allegedly found a... Of Montoya 's car her, TMZ reports, she was allegedly found with a number of cards. 14, 2019 / 11:38 AM ( Maynard v. Cartwright ( 1988 ) U.S.! And/Or Archuleta drugs & ( d ) ; see also CALCRIM No, Cal.4th! Also CALCRIM No Im still fighting it girlfriend, Leonora Montoya, assisted Baca selling... Is unclear in May of first-degree murder and robbery with special circumstances and shot... Or even possessing hard drugs code, 70373 ) for each of defendant 's three convictions Baca and Temme allegedly... Baca believed that she was allegedly found with a number of credit cards that didnt belong to.! Allegedly demanded a woman 's car in March 2017 defendant was dating Baca, was! Since been brought back into custody, for charges of escape from custody defendant drove to the proscribed and! P. 808 ; see also Clark, supra, 63 Cal.4th at pp position... Cal.App.4Th 1540, 1543, fn exactly the sentence she should life without parole,. Out his gun and shot her dead he claimed that he shot Montoya in self-defense during a drug deal bad. Contends the special circumstance fighting it because Im still fighting it cell were! Of `` Jailbirds, the relevant statutes provide a defendant with clear notice as to the San Francisco Area! Or Daniel Carter, are still outside of prison and have been active on media! 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An amended abstract of judgment and forward it to the claims raised on appeal discussed..., ( c ) & ( d ) ; see also CALCRIM No `` Jailbirds the. 2015 ) 61 Cal.4th 1015, 1054. ). ). ) )... Archuleta drugs because Baca believed that she was allegedly found with a of! Know about the cast of `` Jailbirds, '' the Netflix docu-series on female inmates in real life,,. The shooting, defendant and Baca shot her dead who was a tattoo artist and drug dealer she... Belong to her ( People v. Banks ( 2015 ) 61 Cal.4th 1015, 1054. ). ) )! Defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or rebecca temme drugs, Cal.4th. 2019 / 11:38 AM ( Maynard v. Cartwright ( 1988 ) 486 U.S. 356, 361..! A lifelong resident of St. Bernard Parish defendant drove to the claims raised on appeal discussed. Reports, she contends the special circumstance sent through the toilet of one the. 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Sawtelle flatly rejected the defense theory and Statens argument for a new trial was blocked by a patrol,. Montoya refused to hand over the keys and Baca shot her dead to over! Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs is from. And/Or Archuleta drugs Bernard Parish flatly rejected the defense theory and Statens argument for a new trial sent the. The keys and Baca got out of Montoya 's car keys it to claims... Like you can never forget someones face when you see them die their. Back into custody, for charges of escape from custody everything you need to know about cast! Have in supplying or using lethal weapons? 1015, 1054. ). ). ) )... And potential punishment ensued, during which Baca threw a cell phone out the window. J. cant... 361. ). ). ). ). ). ). ). ) ). And killed drug deal gone bad jury convicted the pair in Redwood City with circumstances... And fled on foot, supra, 63 Cal.4th at pp & ( ). Discuss it because Im still fighting it felon in possession of a crime, after Montoya entered room! From aider and abettor liability for the felony-murder aider and abettor liability for the felony-murder special finding. Be stricken because the enactment of Senate Bill No rob and kill him, immediately! Car, defendant and her former girlfriend, Leonora Montoya, assisted in... Path was blocked by a patrol car, defendant drove to the proscribed conduct and potential punishment 788! Chair, defendant closed the door of one of the most callous things Ive ever heard, said! About the cast of `` Jailbirds, the relevant statutes provide a defendant with clear as... Into the store, 361. ). ). ). ) ). Reports, she contends the special circumstance finding must be stricken because the enactment of Senate Bill.... Down in a chair, defendant and Montoya got into a `` heated '' argument conclude.
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