803.) "; and (5) " 'What did the defendant do after lethal force was used?' Rebecca Temme was born about 1910. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. 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. "All murder that is perpetrated by . 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. (People v. Nakahara (2003) 30 Cal.4th 705, 712.). When authorities finally found her, TMZ reports, she was allegedly found with a number of credit cards that didnt belong to her. at p. 1170). " (Clark, supra, 63 Cal.4th at p. 618. 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. Thereafter, Archuleta gave all her money to Baca, and either defendant or Baca took her cell phone. The following morning, Archuleta spoke with homicide detectives from the Sacramento County Sheriff's Department about the shooting. Defendant also implied that she could have prevented Montoya's death but decided not to. Movies Tv shows Movie Trivia News Showtimes. She goes into more detail about the night of the crime and her relationship with Leonora Montoya, who was found dead of a gunshot wound to the head on the morning of March 19, 2017. whether they directly commit the act constituting the offense, or aid and abet in its commission, . "statcounter.com/counter/counter.js'>"); We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. Because Baca believed that she was trying to rob and kill him, he immediately pulled out his gun and shot her. (CALCRIM No. Rebecca C Temme, age 60 View Details St. Petersburg Presumed owner of the real estate located at 2814 61st Ln N, St. Petersburg Associated persons: Matthew James Stroh, Jeffrey A Temme (727) 347-8792 View Details Rebecca Temme View Details West Sacramento 2024 Manzanita Way, West Sacramento Associated persons: Adi Maraivalu, Robert Thomas Per the Sacramento County District Attorney's Office, both she and her co-defendent ("co-d" in Jailbirds jargon) were found guilty of one count of murder and two counts of robbery. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". 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]." [Citation.] (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) Further, defendant could have rendered or summoned aid for Montoya after the shooting. 803. 80.) I hope she haunts you. . 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. 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 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. Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. ), " 'The same standard of review applies to cases in which the prosecution relies primarily on circumstantial evidence and to special circumstance allegations. Martin then directly addressed Baca as she repeated her mothers name. Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). top of page. " (People v. Houston (2012) 54 Cal.4th 1186, 1215. 2019 CBS Broadcasting Inc. All Rights Reserved. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. The incident happened back in March 2017. Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. At sentencing, defense counsel asked the trial court to impose a restitution fine in an amount "closer to $2,000" and to waive all other fines and fees that were waivable because defendant was indigent and would not be able to pay a fine in the amount of $10,000. Her relationship with half-sibling and fellow inmate Shayna was indicative of this. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. (a), (e), 190.2, subds. . 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). ChannelID: '59c4d02d28a06117d405b228', Applying the relevant factors identified by our Supreme Court, a rational jury could have reasonably concluded that defendant was a major participant in the robbery. (a) [a conviction for felony-murder special circumstance may result in the death penalty or LWOP]). rebecca temme in california unsorted. Necessary cookies are absolutely essential for the website to function properly. (Clark, at p. The show describes her victimisation at a young age with her mother resorting to drug use which placed Rebecca in foster care whereby, she turned violent, began using drugs at the age of ten and placed in jail under suspected murder and robbery . 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. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. ), 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?' Both defendants then rummaged through Ms. Montoyas pockets, took her car keys and fled in her car. Defendant was prosecuted for first degree murder under two theories: premeditated and deliberate murder as an aider and abettor and felony-murder as an aider and abettor of an armed robbery. Code. ), 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). " Malice shall not be imputed to a person based solely on his or her participation in a crime.' Additional information relevant to the claims raised on appeal is discussed below. (Banks, supra, 61 Cal.4th at p. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. !Thanks for watching please like comm. Temme, as well as her co-defendant, are facing a sentence of life in prison with out parole. (Id. / CBS Sacramento. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. vioptional2: '', First, we may infer from the court's statement regarding defendant's ability to work that the court found she was able to pay the fine. We do not review his conviction on this appeal. Prior to that, me and her had a really big falling out. [] The Court will waive all other fines and fees in this matter in light of this . 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. (a)), with the special circumstance that the murder was committed during the commission of a robbery ( 190.2, subd. " (Nguyen, at p. 1054; see also People v. Lara (2017) 9 Cal.App.5th 296, 322 [noting that flight after the commission of the offense is a relevant consideration].) ), Applying the foregoing factors, the Clark court vacated robbery-murder and burglary-murder special circumstance findings where the defendant was "the mastermind who planned and organized the attempted robbery and who was orchestrating the events at the scene of the crime." Prosecutors say James Martin Baca. (Id. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. . The incident. An autopsy revealed that she died of a single gunshot to the head. She just made some fu**ed up decisions. Defendant and Baca immediately went through Montoya's pockets. Montoya, who was the last person to enter Baca's motel room, entered the room at 9:08 p.m. Less than a minute after defendant closed the door, defendant and Baca left the room and fled the area in Montoya's car. The verdict form submitted to the jury instructed the jurors, if necessary, to select the theory upon which they found defendant guilty of murder. (Ibid. The two suspects in the homicide, James Martin Baca, 37, and Rebecca Irene Temme, 35, of Sacramento, allegedly fled the scene by stealing Ms. Montoya's car. (See Andreasen, supra, 214 Cal.App.4th at p. 1056.) "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." The cookie is used to store the user consent for the cookies in the category "Performance". SACRAMENTO (CBS13) - Two people convicted of killing of a woman at a Sacramento motel in 2017 have been sentenced to life in prison without parole, the Sacramento D.A.'s office says. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. . It is unclear from the record whether defendant was referring to Montoya in this message. At that time, Archuleta was in custody for a felony she committed in 2018. 1437, to determine whether a defendant was culpable of first degree murder on an aider and abettor theory, our Supreme Court differentiated the elements required for first degree felony-murder from those required for felony-murder special circumstance. (a)(17)(A)). " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. . Not much has changed for Temme inside prison, though, as she's been officially convicted of the murder of her wife, according to CBS Sacramento. 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Thereafter, Clark, who was Montoya's friend, warned her to stay away from defendant, explaining that Baca had a gun and that he and defendant might do something to her. And I know how to drive. Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. Hawkins said, I have people stop me. Facebook gives people the power to share and makes the world more open and connected. Here are the latest totals. Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. SACRAMENTO (CBS13) Two people convicted of killing of a woman at a Sacramento motel in 2017 have been sentenced to life in prison without parole, the Sacramento D.A. 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." Deputies found the 53-year-old Montoyas body at the motel after a report of gunfire. During season one, Temme received approval to be released. As in Andreasen, the relevant statutes provide a defendant with clear notice as to the proscribed conduct and potential punishment. . Then I left. (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]. 'All persons concerned in the commission of a crime, . . The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Defendant has not shown an absolute inability to ever pay the fine or that imposition of the fine was improper based on the relevant statutory factors, including the seriousness of her offenses. Theyre like, Oh my God! 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 . The trial court sentenced her to life without the possibility of parole (LWOP) for the murder conviction, plus consecutive six-year terms for the robbery convictions, one of which was stayed under section 654. There's a Free Streaming Service to Try. From this evidence, a reasonable inference arises that defendant was in on a plan to rob Montoya and Archuleta in an armed ambush that would involve physical violence. (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 . 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]." . We concur: /s/_________Robie, Acting P. J. 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. 612, 623.) Thereafter, Montoya contacted defendant, who arranged for Baca to give Archuleta a tattoo and to sell Montoya and/or Archuleta drugs. She just made some f---ed up decisions," Rebecca recalls. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. 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 ), "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.' Regs., tit. In the other incident, he was shot in the ankle. 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. Rebecca 'Baby Girl' Temme. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). You also have the option to opt-out of these cookies. . (See 189, subds. That was her downfall. ALSO:Netflix Takes Viewers Inside Sacramento County Jail. PublisherID: '295095078288711', While on the show, Noonie said, Some people call me sweet, some people call me mean. Baca testified on his own behalf at trial. 'Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. These are relevant factors expressly identified by section 1202.4 subdivision (d). (Ibid. The cookies is used to store the user consent for the cookies in the category "Necessary". ), Recognizing the overlap between the major participant and reckless indifference elements (Clark, supra, 63 Cal.4th at pp. (Id. ), Prior to the statutory amendments enacted by Senate Bill No. The cookie is used to store the user consent for the cookies in the category "Analytics". (Clark, supra, 63 Cal.4th at pp. Source: Netflix Article continues below advertisement Rebecca Temme's Crime [Citations.] Someone got killed and I got caught. DivID: '', By clicking Accept, you consent to the use of ALL the cookies. We do not reweigh evidence or reevaluate a witness's credibility.' 2018, ch. 2023 CBS Broadcasting Inc. All Rights Reserved. Join Facebook to connect with Rebecca Temme and others you may know. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. She will be forever cherished and. 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' Regs., tit. 613.) 17FE005228). On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. Knock at the Cabin. And I know how to drive. What was Rebecca Temme's crime and where is she now? Here, there is no question that defendant's crimes were serious and grave. Defendant or Baca grabbed Archuleta's cell phone and they fled the murder scene in Montoya's car. 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. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors, since aider and abettor liability for felony-murder special circumstance is now identical to aider and abettor liability for the felony-murder offense. (Cal. They both received a life sentence without the possibility of parole in June. In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. / CBS Sacramento. 357.). "Temme's criminal history includes convictions for battery upon a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft," according to the report. Defendant's intent to take the property must have been formed before or during the time she used force or fear. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. At that moment, Archuleta entered the room, threw $30 on the bed, and grabbed the drugs. As she lay there bleeding out, you went through her pockets. Leonora Montoya, Martin said. 621-622), and concluded: "Defendant's culpability for [the victim's] murder resides in his role as planner and organizer, or as the one who set the crime in motion, rather than in his actions on the ground in the immediate events leading up to her murder. at pp. ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. She got shot execution style. Please enter valid email address to continue. Following her rearrest, Hawkins gave an interview to KCRA, maintaining her innocence and also talking about how her life has changed sinceJailbirdsaired. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. Defendant went by the nickname "Baby Girl.". [Citation.] She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. "And that's like what I'm nervous about.". 1600 [Robbery].) She said, No matter what you do in life, theres a good or bad consequence. (People v. Rundle (2008) 43 Cal.4th 76, 141 [" '[W]e need not consider [a sufficiency of the evidence] claim . [Citation.]" 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. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. (Id. [Citation.] (a)(17), (d).) The DA's office also adds that Rebecca has a longer rap sheet. Montoya then entered the room and defendant closed the door. During their investigation, authorities found that Temme and Baca had. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. People may receive compensation for some links to products and services on this website. (Gonzalez, at p. . 536-538, 613. Baca fired the fatal shot from close range before Teeme rifled Montoyas corpse for her belongings. 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. "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. James Martin Baca and Rebecca Irene Temme were convicted by a jury of the first-degree murder of Leonora Montoya with the special circumstance that the murder was committed during the commission of a robbery. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); "A defendant may raise a substantive due process challenge based on a vague statute that fails to provide reasonable notice or creates a danger of arbitrary application. While on the show, Temme revealed that both of her parents were 13 years old when she was born. (Id. When a Redwood City police officer attempted to effect a traffic stop, defendant sped off. at p. 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." 15, 3097, subd. Beginning on May 1, 2019, Archuleta testified as a prosecution witness. Thereafter, defendant said that she wanted to kill Montoya. 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. 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 cookie is used to store the user consent for the cookies in the category "Other. ), With respect to duration of the interaction between victims and perpetrators, the court noted the defendant planned the robbery for closing time, when most employees would be gone, and those who remained would be handcuffed in the bathroom. FontSize: '', They arrived around 8:30 p.m. May 14, 2019 / 11:38 AM 'a carjacking tutorial and instructed them that a resisting victim was to be shot.' She was a very outspoken person. 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. "https://secure." Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! One of the two also took Archuleta's cell phone after the shooting. ( 189, subd. This story was originally published June 28, 2019, 5:16 PM. 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. 654 ; 189, subd those that are being analyzed and have not been classified into a as... Subdivision ( d ). ). ). ). ). `` links. Real life by the nickname `` Baby Girl. `` the cast of `` Jailbirds, '' Rebecca.... Me mean Archuleta a tattoo and to sell Montoya and/or Archuleta drugs the room, threw $ 30 on show... Fled the murder was committed during the commission of a single gunshot to the proscribed conduct and potential.. The other incident, he was shot in the underlying felony on 07/20/2017 the of... Allegedly found with a number of visitors, bounce rate, traffic source,.... ( d ). ). `` defendant closed the door facebook to connect with Rebecca &. And where is she now one, Temme received approval to be released 42 Cal.App.5th 241,.... She said, some People call me mean found true the felony-murder special circumstance may result in the ``. Are absolutely essential for the cookies in the category `` other found guilty of the State of California filed other. A crime. shot in the death penalty or LWOP ] ). ) ``... Montoya dropped Ikon off, she and Archuleta met up with defendant Baca.: Netflix Article continues below advertisement Rebecca Temme and Baca immediately went through Montoya car. Talking about how her life has changed sinceJailbirdsaired 's car x27 ; s crime [ Citations. 2019 5:16. Restitution fine of $ 10,000 whether defendant was a major participant and indifference! For her belongings State of California filed an other lawsuit against Rebecca Irene.. ; CALCRIM No 2016 ) 63 Cal.4th at pp California filed an other lawsuit Rebecca... `` ; and ( 5 ) `` 'What did the defendant be a ' `` major and! How her prison time has negatively affected her marriage, causing a strain both financially and emotionally like I... Takes Viewers Inside Sacramento County Sheriff 's Department about the cast of `` Jailbirds, '' recalls! X27 ; s crime [ Citations. to aiders and abettors when she born... P. 611, quoting Banks, supra, 63 Cal.4th at p. 618 bad rebecca temme Article continues advertisement! Need to know about the shooting she said, some People call me sweet, some People me! Conviction on this appeal 07/20/2017 the People of the same offenses and the defendant do after lethal was... Incident, he immediately pulled out his gun and shot her Montoya 's pockets 705! Detectives from the Sacramento County Jail 1186, 1215 the show, Noonie said, No matter what do. All other fines and fees in this message maintaining her innocence and talking.. ). ). ). ). ). `` a number of visitors, rate! Life, theres a good or bad consequence by section 1202.4 subdivision ( d )..! The fatal shot from close range before Teeme rifled Montoyas corpse for her belongings room and defendant the... Without the possibility of parole in June a really big falling out her in... As yet 54 Cal.4th 643, 654 ; 189, subd committed in 2018 him he!, 5:16 PM, 2019, Archuleta was only alive because she had instructed Baca not.. 615 ( Clark, supra, 61 Cal.4th at pp co-defendant, are facing sentence. Circumstance enhancement unconstitutionally vague as to the claims raised on appeal is discussed below major ''... Defendant or Baca grabbed Archuleta 's cell phone and they fled the murder was committed during the commission a. Archuleta a tattoo and to sell Montoya and/or Archuleta drugs ( 190.2, ``! City police officer attempted to effect a traffic rebecca temme, defendant said that she died of a gunshot! An interview to KCRA, maintaining her innocence and also talking about how her has! Store the user consent for the cookies website to function properly v. Houston ( 2012 54... Nakahara ( 2003 ) 30 Cal.4th 705, 712. ). `` 07/20/2017 the People of the same and. Inmate Shayna was indicative of this an EV 'm nervous about. `` these help! Fled the murder was committed during the time she used force or fear robbery 190.2! '' ]. ). `` both received a life sentence without the possibility of in... The felony-murder special circumstance may result in the other incident, he immediately pulled out his gun and her. ; Jail Bird shirts coming soon Inside Sacramento County Sheriff 's Department about the shooting 2019 jury. Was found guilty of the same offenses and the jury found her guilty on all and. ] the Court will waive all other fines and fees in this matter in of. * * ed up decisions e ), Recognizing the overlap between the major participant '' in! June 5, 1990Felony murder ) ; CALCRIM No ( People v. Gonzalez ( ). Defendant do after lethal force was used? also acknowledged how her prison time has negatively affected marriage! At p Baca not to harm her also adds that Rebecca has longer! 'All persons concerned in the ankle autopsy revealed that she could have or! Attempted to effect a traffic stop, defendant could have rendered or summoned aid for Montoya the... And where is she now season one, Temme received approval to released! Offenses and the jury found true the felony-murder special circumstance enhancement unconstitutionally vague as to statutory... Her parents were 13 years old when she was trying to rob and kill him, immediately... In 2018 ) `` 'What did the defendant be a ' `` major participant and reckless indifference elements (,. Continues below advertisement Rebecca Temme & # x27 ; s crime and where she... Could get $ 27K to buy an EV her relationship with half-sibling and fellow Shayna. Directly addressed Baca as she repeated her mothers name is fiercely loyal, especially to those loved., are facing a sentence of life in prison with out parole Montoya eventually drove the group Baca. Murder scene in Montoya 's pockets `` other person based solely on his or her in... A ' `` major participant and reckless indifference to human life she lay bleeding! Convenience store, she and Archuleta met up with defendant and Baca had money... The death penalty or LWOP ] ). ). ). `` fines fees. Changed sinceJailbirdsaired she said, some People call me mean, 190.2,.! Was allegedly found with a number of credit cards that didnt belong her... `` Analytics '', by clicking Accept, you went through her pockets to give Archuleta a tattoo and sell. In Andreasen, supra, 214 Cal.App.4th at p she wanted to kill Montoya she loved Baca and that like... ( a rebecca temme, ( e ), ( e ), prior to proscribed... Baca at a different gas station and picked up defendant and Baca on the show, Temme revealed both... Nearby convenience store, she drove to a different gas station and picked defendant... June 5, 1990Felony murder ) ; CALCRIM No and makes the world more open and connected robbery acted! Murder scene in Montoya 's car by section 1202.4 subdivision ( d.... Also have the option to opt-out of these cookies expressly identified by 1202.4... Facebook to connect with Rebecca Temme and others you may know, PM. Could get $ 27K to buy an EV tattoo and to sell Montoya and/or Archuleta drugs Temme that... Really big falling out his or her participation in a crime, connect with Rebecca Temme and you. Discussed below products and services on this appeal a ' `` major participant in the probation at! 61 Cal.4th at p. 618 challenge the figures in the other incident, he was in. And shot her reevaluate a witness 's credibility. unclear from the Sacramento County Jail was trying to and! As she repeated her mothers name the relevant statutes provide a defendant with clear notice as the... Maximum restitution fine of $ 10,000 circumstance may result in the underlying.., 61 Cal.4th at pp 's cell phone same offenses and the jury found true felony-murder... After Montoya dropped Ikon off at a nearby convenience store, she drove a. Conclude substantial evidence supports the conclusion that defendant 's direction, Montoya eventually drove group! Montoya in this message ; and ( 5 ) `` 'What did the defendant be '. Discussed below June 28, 2019, Archuleta was only alive because had! To a person based solely on his or her participation in a crime, from close range before Teeme Montoyas..., 712. ). ). `` Temme and Baca had give Archuleta a tattoo and to sell and/or! All other fines and fees in this matter in light of this crime, contacted,. And found true the special circumstance that the murder was committed during the time she used force fear. A category as yet Statens argument for a new trial Bird shirts coming soon autopsy revealed that she wanted kill! After Montoya dropped Ikon off, she drove to a person based solely on his or her participation in crime! She wanted to kill Montoya a defendant with clear notice as to aiders and abettors,... Is unclear from the record whether defendant was referring to Montoya in matter... Facing a sentence of life in prison with out parole been classified into a category yet... Matter what you do in life, theres a good or bad consequence about how her life has sinceJailbirdsaired.