611. Leonora. I feel like you can never forget someones face when you see them die. A high-speed chase ensued, during which Baca threw a cell phone out the window. Baca was also convicted of being a felon in possession of a firearm and his prior strike conviction for burglary was found true. (People v. Nguyen (2015) 61 Cal.4th 1015, 1054.) Martin then directly addressed Baca as she repeated her mothers name. 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." . ), "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.' Movies Tv shows Movie Trivia News Showtimes. (Banks, supra, 61 Cal.4th at p. (a)(17)(A)). good and I'm not about to be in this car with her anymore I'll do something stupid." scr.async=!0,scr.onload=function(){w.vi.run(config,void 0===v.currentScript?v.scripts[v.scripts.length-1]:v.currentScript,source)},b.appendChild(scr); [Citation.]' Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. As she lay there bleeding out, you went through her pockets. Dueas provides nothing to the contrary. 's office says. whether they directly commit the act constituting the offense, or aid and abet in its commission, . 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. According to Archuleta, Montoya did not do anything to provoke the shooting. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. The special circumstance requires that the defendant have ' "reckless indifference to human life" ' rather than ' "simply the specific intent to commit the underlying felony." People may receive compensation for some links to products and services on this website. Join Facebook to connect with Rebecca Temme and others you may know. (People v. Bryant (2013) 56 Cal.4th 959, 965. (See Andreasen, supra, 214 Cal.App.4th at p. Monster, real name Megan Hawkins, was arrested last week for trying to open a bank account with a different identity, according to CBS. On March 6, 2017, Montoya sent Baca a message on Facebook indicating that she thought it was great that he and defendant were friends but noted that defendant was her "wife." The prosecutor may be influenced by the penalties available upon conviction, but this fact, standing alone, does not give rise to a violation of the Equal Protection or Due Process Clause. The pair took Montoya's keys and took off. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. (Clark, supra, 63 Cal.4th at pp. . 1600 [Robbery].) (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. Substantively, Senate Bill 1437 accomplishes this by amending section 188, which defines malice, and section 189, which defines the degrees of murder, and as now amended, addresses felony murder liability." Necessary cookies are absolutely essential for the website to function properly. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. In 1940, she was 30 years old and lived in Houston, Texas. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. 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. (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). Alternatively, she contends the trial court abused its discretion in imposing the maximum restitution fine because there was no evidence in the record showing she could pay it. 15, 3097, subd. Three days earlier, defendant sent Baca a text message that read: "This bitch is really fucking pushing me so just know I do love you and I'm so sorry that shits been crazy tonight, but I'm beyond . 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. Knock at the Cabin. To pass constitutional muster, a statute must be definite enough to provide notice about what conduct is prohibited, and to provide standards for its application and adjudication to avoid arbitrary and discriminatory enforcement." "[I]f the circumstances reasonably justify the jury's findings, the judgment may not be reversed simply because the circumstances might also reasonably be reconciled with a contrary finding." 803.) Is California a better place to live? at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. Code. Ervin shot her in the head and fled to the defendant's car. Defendant also implied that she could have prevented Montoya's death but decided not to. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. (See 189, subds. These cookies track visitors across websites and collect information to provide customized ads. They were apprehended shortly thereafter. The defendants were later located in Redwood City. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. The court then noted it previously upheld a major participant finding where "the defendant, although not present at the murder, was 'the founder, ringleader, and mastermind behind' a criminal gang engaged in carjacking," and gave "his subordinate gang members . (Ibid. (Andreasen, supra, 214 Cal.App.4th p. 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. ", At the time, that's all Rebecca wanted to say about her case. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. Sacramento County District Attorney's Office. 536-538, 613. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). 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? Montoya then reached toward her right side and started to stand up. 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. This case involves the fatal shooting of defendant Rebecca Irene Temme's former girlfriend during an armed robbery perpetrated by defendant and her then-boyfriend, James Baca. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' Read in the abstract, this sentence appears to support defendant's position. ), Here, the record makes clear that, in deciding to impose the maximum restitution fine, the trial court complied with section 1202.4 by considering defendant's inability to pay and the seriousness and gravity of her offenses. 79.) As added by [Senate Bill No.] That was her downfall. He denied that the shooting occurred during a robbery of Montoya and Archuleta. Therefore, a getaway driver who has no prior knowledge of a robbery, but who forms the intent to aid in carrying away the loot during such asportation, may properly be found liable as an aider and abettor of the robbery." Montoya then entered the room and defendant closed the door. Baca was also convicted of being a felon in possession of a firearm. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". And I know how to drive. This website uses cookies to improve your experience while you navigate through the website. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. A Sacramento Superior Court jury convicted the pair in May of first-degree murder and robbery with special circumstances. "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict." (a).) Temme was featured during the Netflix series "Jailbirds", which shows life behind bars for women at Sacramento County Main Jail. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. . Given defendant's apparent efforts to minimize violence and the relative paucity of other evidence to support a finding of reckless indifference to human life, we conclude that insufficient evidence supports the robbery-murder and burglary-murder special circumstance findings, and we therefore vacate them." This snapshot of Rebecca Temme's life was captured by the 1940 U.S. Census. He and defendant then fled to the San Francisco Bay Area in Montoya's car. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. Menu. There are two aspects to the taking element: "caption" (gaining possession of the victim's property) and "asportation" (carrying the property away). The cast of `` Jailbirds, '' the Netflix series `` Jailbirds '', which shows behind... Decided not to according to Archuleta, Montoya did not do anything to provoke the shooting and about. 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