rebecca temme

at p. (See Andreasen, supra, 214 Cal.App.4th at p. Leonora Montoya, Martin said. Counsel was then given the opportunity to argue why the recommendation was excessive; the court considered the argument but found defendant was able-bodied and would be able to work while incarcerated. 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.. (People v. DeFrance (2008) 167 Cal.App.4th 486, 505 (DeFrance) [no abuse of discretion in imposing maximum restitution fine where the trial court considered not only inability to pay but also the seriousness of the crime and no inability to ever pay the fine was shown]; People v. Lewis (2009) 46 Cal.4th 1255, 1259, 1321 [no abuse of discretion in imposing maximum restitution given defendant's crime (special circumstances rape-murder) and evidence he would have funds in the future to pay the fine]. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. . (Clark, supra, 63 Cal.4th at pp. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." Additional information relevant to the claims raised on appeal is discussed below. Please enter valid email address to continue. Two people were arrested in connection with the death of a woman found shot in the head at a Sacramento-area motel, deputies said Tuesday. 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. Baca testified on his own behalf at trial. Keep reading to find out. When defendant's path was blocked by a patrol car, defendant and Baca got out of Montoya's car and fled on foot. [Citation.]" After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. According to Archuleta, Montoya did not do anything to provoke the shooting. 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. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. Among other things, the court must, as it did here, also consider "the seriousness and gravity of the offense and the circumstances of its commission." (CALCRIM No. Following the enactment of Senate Bill No. She was a good person. var source = 'https://s.vi-serve.com/source.js', If you have an urgent deadline, . (Cal. Some of the cast members have, in fact, been released from prison since the show was filmed. 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. (function (v,i){ 805.) 536, 612.) The incident. ), We also reject defendant's alternative contention that the trial court abused its discretion in imposing the maximum restitution fine because there was no substantial evidence that she could pay this fine during her term of incarceration. (People v. Nakahara (2003) 30 Cal.4th 705, 712.). scJsHost+ This cookie is set by GDPR Cookie Consent plugin. Its one of the most callous things Ive ever heard, Sawtelle said. She just made some f---ed up decisions," Rebecca recalls. May 14, 2019 / 11:38 AM Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. Baca remained unrepentant to the end. 22. Cal. 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. The cookie is used to store the user consent for the cookies in the category "Analytics". [] '(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. with malice aforethought." . Here, there is no question that defendant's crimes were serious and grave. The day before the shooting, defendant and Montoya got into a "heated" argument. I regret it. There's a Free Streaming Service to Try. The incident happened back in March 2017. As modified, the judgment is affirmed. Defendant referred to Archuleta as a "lame snake ass snitching ass bitch" and stated that she would be "gunnin" for Archuleta. Martin then directly addressed Baca as she repeated her mothers name. . Baca and Temme also allegedly demanded a woman's car keys. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. Ant-Man and The Wasp: Quantumania. ALSO:Megan 'Monster' Hawkins, Featured On Netflix Show 'Jailbirds', Back In Jail After Arrest In Elk Grove. She was a very outspoken person. Prior to that, me and her had a really big falling out. Although Baca was still worried that he was being set up, he weighed out some drugs and then started setting up his tattoo equipment. In 1940, she was 30 years old and lived in Houston, Texas. : "http://www. [Citation.] Detectives believe that there was prior animosity between Ms. Montoya and the two now suspected of killing her; they believe the ill will "led to the robbery and murder," according to the . Prior to that, me and her had a really big falling out. Defendant and Baca immediately went through Montoya's pockets. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. 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 . 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. Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. He denied that the shooting occurred during a robbery of Montoya and Archuleta. at pp. ), Prior to the statutory amendments enacted by Senate Bill No. at p. Thereafter, defendant said that she wanted to kill Montoya. 15, 3041.2, subd. She explained she didn't want to return to a life of crime, or associate herself with anyone from her past. 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. (a)(17), (c) & (d); see also CALCRIM No. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. "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." 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. Prosecutors say James Martin Baca. Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." [Citation.]" One of the two also took Archuleta's cell phone after the shooting. 'All persons concerned in the commission of a crime, . The pair took Montoya's keys and took off. Code. Real-time updates and all local stories you want right in the palm of your hand. I am who I am. 620.) Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. 2.) Menu. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. Viewers of Jailbirds will recall Baby Girl sharing some disturbing details from the shooting with producers: Im here for a murder and robbery. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). 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. "She was a good person. And Ill never forget her face. 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." Get browser notifications for breaking news, live events, and exclusive reporting. Sacramento County prosecutors said Temme, Baca, Montoya and a fourth person met at the motel for tattoos before Baca turned a gun on Montoya and friend and demanded their cell phones and Montoyas car keys. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. In response, the trial court imposed the recommended maximum restitution fine, explaining that it would not reduce the amount of the fine recommended by the probation officer because it appeared defendant was able-bodied and would be able to work while incarcerated. In so concluding, the court noted that no evidence was introduced establishing the defendant's role in planning the robbery or in procuring weapons, and that during the robbery and murder he was absent from the scene, sitting in a car and waiting. When homicide detectives responded to the scene of the shooting, Montoya was slumped over in a chair holding a closed pocketknife in her right hand. When he and defendant met Montoya at a gas station, he became upset and walked away because he thought he was being set up, as he believed the two people with Montoya (i.e., Archuleta and Ikon) were men. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. As added by [Senate Bill No.] Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. Shes expected to stand before a judge on May 31. 2018, ch. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. })(document,window). Prosecutors say James Martin Baca and Rebecca Irene Temme drove to the Surf Motel in North Sacramento to get a tattoo. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. She said, No matter what you do in life, theres a good or bad consequence. Rebecca Temme of California, arrests, mugshots, and charges Updated 2023 | Arrest Facts DISCLAIMER NOTICE: ALL ARE PRESUMED INNOCENT. are principals in any crime so committed.' Is California a better place to live? 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. The plan was for one man, Ervin, to enter the store around closing time with a gun, which was "apparently [supposed] to be unloaded," and handcuff the remaining employees in the restroom so no one could call the police. 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