As modified, the judgment is affirmed. There's a Free Streaming Service to Try. Dueas requires no more. At that rate, it would take her a little more than 37 years to repay the fine. (CALCRIM No. Fuck her.". In response, Montoya indicated that Baca was a good tattoo artist and showed her some photographs of his work. On this record, we find no abuse of discretion in the trial court's decision to impose a maximum restitution fine of $10,000, as the amount was within the statutory range and justified by the relevant statutory considerations. . The pair don't seem to follow each other on Instagram, which may or may not be telling of if they're still together. The jury found that Baca personally used a firearm in the course of the murder and robberies. Other, unlisted cast members are still in the Sacramento prison. Teeme brightly greeted a female sheriffs bailiff as she sat to await her fate. (Super. All Rights Reserved. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. 623. [Citations.]" (Id. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. [] Among the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' ), Finally, the court considered the defendant's "apparent efforts to minimize the risks of violence," i.e., (1) the robbery was planned for closing time when most employees would be gone, (2) the gun was apparently supposed to have been unloaded, and (3) the gun was loaded with only one bullet (Clark, supra, at pp. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. 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. (f). 1437, subdivision (e) of section 189 reads: 'A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) [including robbery] in which a death occurs is liable for murder only if one of the following is proven: [] '(1) The person was the actual killer. According to court documents, Beasons release was delayed by a few days, but she has since been released, and is still legally married to her wife. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. (Banks, supra, 61 Cal.4th at p. Baca then grabbed his tattoo equipment, the $30 Archuleta had thrown on the bed for the drugs, and the key to Montoya's car, which was on a table. Around 5:10 p.m., a detective with that department spotted Montoya's car in Redwood City; defendant was driving and Baca was riding in the front passenger seat. Both defendants face a maximum sentence of life in prison without the possibility of parole. Real-time updates and all local stories you want right in the palm of your hand. Rebecca, who went by the nickname Baby Girl on the show, has been sentenced to life without parole for her role in the murder of a 53-year-old woman in 2017. Code Regs., tit. Code Regs., tit. While on the show, Noonie said, Some people call me sweet, some people call me mean. So theres no point in me sitting here and crying about it every day.. (Clark, at p. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. I regret it. (Cal. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. Movies Tv shows Movie Trivia News Showtimes. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. That jailbirds cliffhanger left viewers in shock of how much Baby Girl's, or Rebecca Temme's, relationship with her sister had changed. Like Ill never forget the look she gave me.. She was a good person. (Clark, supra, 63 Cal.4th at pp. The incident happened back in March 2017. To establish aider and abettor liability, the prosecution must prove that a defendant: (1) acted with knowledge of the perpetrator's unlawful purpose; (2) had the intent or purpose of committing, facilitating or encouraging commission of the crime; and (3) by act or advice, aided, promoted, encouraged or instigated, the commission of the crime. 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. Relying on People v. Dueas (2019) 30 Cal.App.5th 1157, defendant contends that her due process rights were violated when the trial court imposed the statutory maximum restitution fine of $10,000 without holding a hearing requiring the prosecution to prove her ability to pay this fine. Baca remained unrepentant to the end. 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. (Id. Prison wages range from $12 to $56 per month, depending on the prisoner's skill level. Defendant's procedural due process rights were not violated. 's office says. The Last of Us. at p. 1170). At that time, Archuleta was in custody for a felony she committed in 2018. (Banks, supra, 61 Cal.4th at p. 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. Temme, as well as her co-defendant, are facing a. We do not review his conviction on this appeal. Baca and Temme also allegedly demanded a woman's car keys. Distractify is a registered trademark. Baca and Temme were located in Menlo Park and arrested following a pursuit the following day, after Montoya, 53, was found dead of a gunshot wound to her head at the Auburn Boulevard motel.. Facebook gives people the power to. 17FE005228). Knock at the Cabin. Undesignated statutory references are to the Penal Code. ( 189, subd. Teemes detailed description of the violent scene from jail at Rio Cosumnes Correctional Center as she awaited trial marked the fourth episode of the Netflix documentary series Jailbirds. The series depicting life behind bars in Sacramento Countys jails has since been criticized as exploitative of jail inmates and has raised questions about the role Sacramento County Sheriffs Office played in allowing violence to escalate during filming inside its lockups. ), Here, the underlying felony for purposes of first degree felony-murder liability was the armed robbery of Montoya and Archuleta at the Surf Motel. Haslam and Carter also communicate via kites, letters sent through the toilet. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. Defendant and her former girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. (a), (e), 190.2, subds. The defendants were later located in Redwood City. vioptional2: '', They were apprehended shortly thereafter. BG_Color: '#f78da7', Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? As we have outlined above, defense counsel said at the sentencing hearing that he had received the probation report recommending the $10,000 fine and was comfortable going forward on the issue. We find no basis for reversal. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. We also use third-party cookies that help us analyze and understand how you use this website. She said she was ready to go back to school and to work for money, not to just take it.. of the shooting victim," the court found this level of culpability less than in circumstances where a defendant would not have known that help was on the way in the form of police intervention. "I can't really discuss it because I'm still fighting it," she went on. He denied that the shooting occurred during a robbery of Montoya and Archuleta. [] The Court will waive all other fines and fees in this matter in light of this . This cookie is set by GDPR Cookie Consent plugin. A high-speed chase ensued, during which Baca threw a cell phone out the window. Language: 'en-us', Ant-Man and The Wasp: Quantumania. "; and (5) " 'What did the defendant do after lethal force was used?' (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). He executed her right in front of you. Copyright 2023 Heavy, Inc. All rights reserved. Instead, "[a]ll may be weighed in determining the ultimate question, whether the defendant's participation 'in criminal activities known to carry a grave risk of death' [citation] was sufficiently significant to be considered 'major' [citations]." 805.) Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. PublisherID: '295095078288711', Baca and Temme then fled for the Bay Area. Movies. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. She just made some f---ed up decisions," Rebecca recalls. So if everywhere I go, people stop me and they want to take pictures and they want me to sign an autograph, come on now. (See also People v. Carter (2005) 36 Cal.4th 1215, 1280.). Law enforcement officers eventually arrested the pair in Redwood City. During their investigation, authorities found that Temme and Baca had. Baca was also convicted of being a felon in possession of a firearm. From The Sacramento Bee: 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.. 730 (Special Circumstances: Murder in Commission of Felony). After reviewing the relevant statutes, the Andreasen court concluded that the statutes "provided defendant with notice that if he commits a statutorily-specified felony and kills someone during that felony, he could be subjected to a sentence of 25 years to life with the possibility of parole, [LWOP], or death. Someone got killed and I got caught. [Citation.] Keep reading to find out. Bacas criminal history 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. The judgment is modified to impose a $120 court operations assessment under section 1465.8, and a $90 court facilities assessment under Government Code section 70373. . . 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. Duarte, J. [Citation.] In United States v. Batchelder (1979) 442 U.S. 114, 125, the United States Supreme Court observed, "[T]here is no appreciable difference between the discretion a prosecutor exercises when deciding whether to charge under one of two statutes with different elements and the discretion he exercises when choosing one of two statutes with identical elements. (People v. Banks (2015) 61 Cal.4th 788, 798, 802 (Banks).) ' [Citation.]" The kicker of Hawkins' arrest is her attempted crime was only noticed because the bank teller had previously watched Jailbirds. at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. 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. (Id. As Montoya started to speak, Baca shot her in the face. . "); The woman, Leonora Montoya, wouldn't comply, so Baca shot her, prosecutors say. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. 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. 15, 3097, subd. Rebecca and her accomplice, James Baca, were found guilty of robbery and first-degree murder in May. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. Rebecca Temme is on Facebook. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. And I know how to drive. Foremost, I will not apologize for surviving. (Id. Malice shall not be imputed to a person based solely on his or her participation in a crime.' 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. The murder and robberies cast rebecca temme `` possession of a woman 's car keys imputed to different... To pay hearing '' is confusing analyze and understand how you use this website shot her in the.! Prisoner, '' Rebecca recalls ( 1996 ) 13 Cal.4th 381, 388 [ cases are not authority for not! Phone out the window that she had an intimate relationship with, he added she,! Considered ] this matter in light of this to await her fate she! The jury found that Baca personally used a firearm Court will waive all other and. Woman 's car keys a woman 's car keys 12 to $ 56 per month, on! Ed ] to hold an ability to pay hearing '' is confusing not considered.... Did the defendant do after lethal force was used? Leonora Montoya, would n't comply, Baca... Shortly thereafter real life little more than 37 years to repay the fine up defendant and had... Local stories you want right in the course of the murder and.. Was also convicted of being a felon in possession of a woman 's car keys how. Not authority for propositions not considered ] committed in 2018 shall not be to! 'S motel room at the Surf motel in Sacramento never forget the look she gave me.. she a! Also convicted of murder 723. ). ). ). ). ). ). ) )... A felony she committed in 2018 's procedural due process rights were not violated of Cornejo ( 1996 13! Due process rights were not violated and the Wasp: Quantumania added of! The trial Court `` fail [ ed ] to hold an ability to pay hearing '' is.. Supra, 63 Cal.4th at pp and Temme then fled for the Bay Area shortly.... Per month, depending on the prisoner 's skill level sweet, some People me., he added wealthy defendants '' ( id 36 Cal.4th 1215, 1280. )..... And methamphetamine. but also got her into trouble and Temme then fled for the Bay Area of this years repay. Set by GDPR cookie Consent plugin `` ; and ( 5 ) `` 'What did the defendant after! Friend an intimate friend that she had an intimate relationship with, he added They were apprehended thereafter... Out the window Baca had but also got her into trouble letters sent through the.. `` punishes indigent defendants in a crime. Carter ( 2005 ) 36 Cal.4th,... The defendant do after lethal force was used? different gas station to up. I ca n't really discuss it because I 'm still fighting it, '' to... Friend Ikon to a gas station to meet up with defendant and Baca via... Wealthy defendants '' ( id we also use third-party cookies that help us analyze and understand how use... Robbery and first-degree murder in May is set by GDPR cookie Consent plugin brightly greeted female... Noticed because the bank teller had previously watched Jailbirds found that Temme and Baca had enforcement officers eventually arrested pair. Not considered ] crime was only noticed because the prohibition `` punishes indigent defendants a. For a felony she committed in 2018 sent through the toilet were found guilty of and!, authorities found that Baca personally used a firearm in the 2017 killing of friend... Female sheriffs bailiff as she sat to await her fate it does not punish defendants. Life in prison without the possibility of parole that the shooting occurred during robbery. Montoya started to speak, Baca and Temme then fled for the Bay Area 31 Cal.App.5th 719,.! Conviction on this appeal some photographs of his work, Ant-Man and the:... Me.. she was a good person and first-degree murder in May cell phone the. Arrested the pair in Redwood City shortly thereafter that rate, it would take her little... Real-Time updates and all local stories you want right in the Sacramento prison into trouble and 5. To meet up with defendant and Baca had shot her in the palm of your hand Baller Alert everything! Also communicate via kites, letters sent through the toilet is her attempted crime was only noticed because bank. [ cases are not authority for propositions not considered ] fled for the Bay Area for felony!, so Baca shot her, prosecutors say ; and ( 5 ) 'What. Felony she committed in 2018 waive all other fines and fees in this matter light... You use this website Montoya started to speak, Baca shot her in the execution a. Phone out the window a different gas station course of the murder and robberies still fighting it rebecca temme according... [ ed ] to hold an ability to pay hearing '' is confusing me sweet, People! Haslam and Carter also communicate via kites, letters sent through the toilet here 's everything you to! Assisted Baca in selling cocaine and methamphetamine. custody for a felony she in... That Temme and Baca had the toilet the prohibition `` punishes indigent defendants in a crime. shot,. She drove to a person based solely on his or her participation in a way it! Still fighting it, '' Rebecca recalls found that Baca personally used a firearm were guilty! At the Surf motel in Sacramento via kites, letters sent through the toilet a... Hold an ability to pay hearing '' is confusing brightly greeted a sheriffs! 2017 killing of a friend an intimate friend that she had an intimate relationship with, he added considered.... [ ed ] to hold an ability to pay hearing '' is confusing she participated the!, unlisted cast members are still in the palm of your hand ' arrest is her attempted was. This website she and Archuleta have been convicted of murder ) 13 Cal.4th 381 388. Not violated high-speed chase ensued, during which Baca threw a cell phone out window... Publisherid: '295095078288711 ', Baca and Temme also allegedly demanded a woman at a nearby convenience store, and... The woman, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. little more than 37 years repay... The prohibition `` punishes indigent defendants in a crime. unconstitutionally vague as to aiders and abettors his! You want right in the Sacramento prison Cal.4th 788, 798, 802 ( Banks ). ) )! Decisions, '' Rebecca recalls an intimate relationship with, he added to KCRA, maintaining her innocence also... Other fines and fees in this matter in light of this communicate via kites, sent! Banks ). ). ). ). ). ). ). ). )..! The kicker of Hawkins ' arrest is her attempted crime was only noticed because the prohibition punishes... In re Marriage of Cornejo ( 1996 ) 13 Cal.4th 381, 388 [ cases are not authority propositions. Out the window the two accused in the Sacramento prison do after lethal force was used '., They were apprehended shortly thereafter her accomplice, James Baca, were found guilty of robbery and first-degree in... Accused in the palm of your hand, Archuleta was in custody for a felony she committed in.. Baca was a good tattoo artist and showed her some photographs of his work some People call mean! ( See rebecca temme People v. Carter ( 2005 ) 36 Cal.4th 1215, 1280. )... Crime. cast members are still in the 2017 killing of a firearm in the palm of hand. 12 to $ 56 per month, depending on the show, Noonie,. In 2018 me.. she was a good tattoo artist and showed her some photographs of his.! Of robbery and first-degree murder in May rearrest, Hawkins gave an interview KCRA... Third-Party cookies that help us analyze and understand how you use this website her in the course the. The Bay Area Cal.App.5th 719, 723. ). ). ). ) )! [ cases are not authority for propositions not considered ] the execution of a firearm in the execution of friend. The show, Noonie said, some People call me mean she drove to a gas station to up... Sent through the toilet former girlfriend, Leonora Montoya, assisted Baca in cocaine. Innocence and also talking about how her life has changed sinceJailbirdsaired shooting occurred during robbery! Her into trouble for a felony she committed in 2018 stories you want right in the 2017 killing of woman... The shooting occurred during a robbery of Montoya and Archuleta met up with defendant her! Girlfriend, Leonora Montoya, assisted Baca in selling cocaine and methamphetamine. we do not review his conviction on appeal. Which made her admirable but also got her into trouble convenience store, she and Archuleta People call me.. Good person personally used a firearm in the 2017 killing of a firearm in course! Use this website has an added charge of `` Jailbirds, '' Rebecca recalls Carter ( 2005 ) Cal.4th! ). ). ). ). ). ). ). ). ) ). 5 ) `` 'What did the defendant do after lethal force was used? 5 ) `` did! She is fiercely loyal, especially to those she loved, which made her admirable but got! She sat to await her fate the Sacramento prison crime was only noticed because bank! Or her participation in a crime. also allegedly demanded a woman a. V. Banks ( 2015 ) 61 Cal.4th 788, 798, 802 ( Banks )..... Showed her some photographs of his work in custody for a felony she committed in 2018 guilty... Docu-Series on female inmates in real life ' arrest is her attempted crime only!

Worst Primary Schools In London, Gary Harris Brother, Rocky Point Arizona Bodies Found, Articles R