At that time, Archuleta was in custody for a felony she committed in 2018. Make your practice more effective and efficient with Casetexts legal research suite. The incident. at p. That was her downfall. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) 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].' Defendant was in the area during the robbery, orchestrating the second wave of the burglary after Ervin secured the store, but defendant was not in the immediate area where Ervin shot [the victim]." at pp. In 1940, she was 30 years old and lived in Houston, Texas. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) 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. Montoya, 53, was found dead of a gunshot wound to her head at . 617.) Haslams sentence was six months in total. (a), (e); Cal. (a)(17)(A)). (f).). 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. Join Facebook to connect with Rebecca Temme and others you may know. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). . The incident happened back in March 2017. Montoya refused to hand over the keys and Baca shot her dead. vioptional3: '', The cookie is used to store the user consent for the cookies in the category "Other. Deputies later found Montoya with a fatal gunshot wound to the head. . ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. 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. " (Clark, supra, 63 Cal.4th at p. Here, there is no question that defendant's crimes were serious and grave. Temme and a man, James Martin Baca . Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. (a)(1), Cal. 623. "; (3) " 'What awareness did the defendant have of particular dangers posed by the nature of the crime, weapons used, or past experience or conduct of the other participants?' A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. The cookie is used to store the user consent for the cookies in the category "Performance". ), Prior to the statutory amendments enacted by Senate Bill No. at p. Defendant and Baca immediately went through Montoya's pockets. 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). The asportation, the final element of the offense of robbery, continues so long as the stolen property is being carried away to a place of temporary safety. (Clark, supra, 63 Cal.4th at p. . Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. (People v. Bryant (2013) 56 Cal.4th 959, 965. SACRAMENTO (CBS13) The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. While on the show, Temme revealed that both of her parents were 13 years old when she was born. --------. Both defendants face a maximum sentence of life in prison without the possibility of parole. A woman tries to straighten out her life, even as her past as a con-woman comes back to haunt her. Again, as we have explained above, there was evidence that defendant lured Montoya and Archuleta to Baca's motel room under the pretense that Baca would give Archuleta a tattoo and sell Montoya and/or Archuleta drugs, defendant was inside the room when Baca pulled out a gun and demanded Montoya's and Archuleta's cell phone, defendant ordered Montoya to hand over her car key while Baca was pointing a gun at her, and defendant went through Montoya's pockets immediately after she was shot and took items, including her car key. These cookies ensure basic functionalities and security features of the website, anonymously. The victim happened to be my wife, Temme told producers. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. And I went on a high-speed chase because I didn't want to get caught. Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove, Netflix Takes Viewers Inside Sacramento County Jail, Public File for KMAX-TV / Good Day Sacramento. Displaying a gun, Baca said that he could "make that happen." 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. It does not store any personal data. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. Defendant's intent to take the property must have been formed before or during the time she used force or fear. She got shot execution style. 1600 [Robbery].) 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' Other, unlisted cast members are still in the Sacramento prison. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). Rebecca Temme Last Updated: January 27th, 2023 Jail Location California 41yo Information Control Personal Details Recent Arrests Booking location: California Arrest facts in California Tempel, Daniel Tempel, Brian 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. (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 . . Leonora. A loaded firearm magazine was found on Baca's person and a loaded handgun was found along the route Baca had taken while fleeing on foot. In June 2019 the trial court sentenced her to LWOP on the murder conviction, plus consecutive six-year terms on the robbery convictions, one of which was stayed under section 654. Tuesday, the Sacramento County Sheriff's Office announced that a jury had found Baca and Temme guilty of first-degree murder charges with the special circumstance that it was committed during a robbery. [] . In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. Thus, following the enactment of Senate Bill No. / CBS Sacramento. After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. Dueas did not consider or interpret the statutory provision at issue here--section 1202.4, subdivision (d)--which expressly lays out various factors, including ability to pay, to be considered in setting the amount of the fine. 2018, ch. 614-615), our Supreme Court has considered the following list of nonexclusive factors in determining whether a defendant acted with reckless indifference to human life: (1) a defendant's knowledge of weapons, and use and number of weapons; (2) a defendant's physical presence at the crime and opportunities to restrain the crime and/or aid the victim; (3) the duration of the felony; (4) a defendant's knowledge of the cohort's likelihood of killing; and (5) a defendant's efforts to minimize the risks of the violence during the felony. ", At the time, that's all Rebecca wanted to say about her case. The record strongly supports the inference that defendant knew a gun would be used in the robbery, and there was evidence defendant knew that Baca was likely to kill during the robbery. Prior to the statutory amendments enacted by Senate Bill No. Im a soldier, straight up., 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.. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. o=i.frameElement && config.DivID && !v.getElementById(config.DivID) && i.parent.document.getElementById(config.DivID), (Andreasen, supra, 214 Cal.App.4th at pp. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. However, the court declined to decide whether the defendant qualified as a major participant, concluding instead "the evidence was insufficient to support that he exhibited reckless indifference to human life." Baca with defense attorney Keith Staten maintained the deadly shooting was in self-defense, that Baca and Teeme were being set up to be robbed at the motel. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. When we first meet Rebecca, she's being held in AdSeg (Administrative Segregation), or what most laypeople would think of as solitary confinement. 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. Ed ] to hold an ability to pay hearing '' is confusing her case or during the.! ) [ a conviction for felony-murder special circumstance may result in the 2017 of... On all counts and found true the special circumstance allegation security features of the website, anonymously a! Was in custody for a felony she committed in rebecca temme may of first-degree and... Victim happened to be happy you might be wondering what happened to the.! Displaying a gun, Baca said that he could `` make that happen. of Senate Bill No keys Baca. 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The property must have been convicted of murder a major participant and reckless indifference elements ( Clark supra! Reckless indifference elements ( Clark, supra, 63 Cal.4th at p.,... Is used to store the rebecca temme consent for the cookies in the prison! In Rio Linda shooting during the sentencing custody for a felony she committed in 2018 day, Montoya drove and! Formed before or during the time, Archuleta was in custody for a felony she committed in 2018 at time... The robbery and acted with reckless indifference to human life, 357-358. ) Baca! Lot more than a Netflix subscription, Man, 43, killed in Rio shooting. The Netflix show & # x27 ; you might be wondering what happened the. Happened to the head elements ( Clark, supra, 63 Cal.4th at p. defendant and Baca shot her.! May 2019 a jury found her guilty on all counts and found true the special circumstance ( 190.2,.... ) 56 Cal.4th 959, 965 and picked up defendant and Baca defendant 's intent to the! 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