rebecca temme

LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. Thereafter, defendant said that she wanted to kill Montoya. 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. (Ibid.) (a) [conviction for first degree felony-murder may result in the death penalty, LWOP, or a prison term of 25 years to life]; 190.2, subd. Here, there is no question that defendant's crimes were serious and grave. During the first episode ofJailbirds, Sundermeyer revealed that she has a child, and said, Im not a bad personI want to be a veterinarian. ( 1202.4, subd. Martin then directly addressed Baca as she repeated her mothers name. Najla Noonie Jones, 27, is one of the cast members who is still serving out the same sentence she was serving out while the show was being filmed. No evidence was presented about his awareness of the past experience or conduct of Ervin, the shooter. Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. 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. 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. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. (CALCRIM No. (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). "She got shot, execution style. Both Baca and Temme now face life in prison without parole. Turning to the reckless indifference element, after considering the relevant overlapping factors identified by our Supreme Court, we conclude that a rational jury could have reasonably found that defendant knowingly engaged in criminal activity that she knew involved a grave risk of death. !Thanks for watching please like comm. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. . She got shot execution style. This cookie is set by GDPR Cookie Consent plugin. ), Beginning with the major participant factors, the court stated: "[W]e can conclude that defendant had a prominent, if not the most prominent, role in planning the criminal enterprise that led to the death of [the victim]. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. According to Archuleta, defendant did not seem surprised by Baca's actions. Facebook gives people the power to share and makes the world more open and connected. Book a consultation with Rebecca Tembo for your bespoke occasion wear garment or discover our made-to-order luxury collection. 80.) 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. Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. 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. 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. or that is committed in the perpetration of, or attempt to perpetrate" certain specified felonies, including robbery, "is murder of the first degree." Knock at the Cabin. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. "[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." ), As previously indicated, robbery involves the taking of personal property in the possession of another, from his person or immediate presence, and against his will, with the intent to permanently deprive accomplished by means of force or fear. at pp. 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." 536, 612.) As added by [Senate Bill No.] 621. . at p. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. 15, 3097, subd. A high-speed chase ensued, during which Baca threw a cell phone out the window. As we have already explained, there was evidence supporting the conclusion that defendant was in on a plan to rob Montoya and Archuleta and lured them to Baca's motel room for that purpose under the pretense that Baca would supply a tattoo and drugs. ( 188, subd. Leonora Montoya, Martin said. "; (2) " 'What role did the defendant have in supplying or using lethal weapons?' ), 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. That was her downfall. at pp. In Banks, the court concluded that the defendant was ineligible for the death penalty because the record established he was "no more than a getaway driver." Both will soon spend the rest of their lives behind bars. The letters were written by "Harliquinn Baby Girl" and "B.G." (f).). . ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. (Ibid.) At the time of sentencing, defendant was 37 years old. He and defendant then fled to the San Francisco Bay Area in Montoya's car. While it's difficult to know what's really going on in the prison while cameras aren't filming, here's what we know about the former inmates who were released by the end of the first season. At Baca's direction, defendant drove to the San Francisco Bay Area. They are scheduled to be sentenced on June 28. An older man and woman was running out of the house, she continued, and my male co-defendants ran out and one of them proceeded to open fire on the man in the driveway., That older man, along with two other family members, ended up being killed. ( 2700; Cal. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). (a).) After Archuleta placed her cell phone on the table, defendant said, "car key," which Baca repeated as he approached Montoya with his gun pointed at her. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. At that rate, it would take her a little more than 37 years to repay the fine. Hawkins is back in the Sacramento County Jail, where Jailbirds was filmed. As modified, the judgment is affirmed. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. She is fiercely loyal, especially to those she loved, which made her admirable but also got her into trouble. "https://secure." / CBS Sacramento. ), 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. She just made some fu**ed up decisions. Three cell phones were found in the back of Montoya's car. During season one, Temme received approval to be released into the general prison population. [] 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.' (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. Prison employees explained the fishing process, which is how jail inmates send objects to one another through the toilet by attaching them to ropes made of t-shirts. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) She is still serving out her sentence. Movies. . According to Archuleta, Montoya did not do anything to provoke the shooting. She was reprimanded for brawling on 'Jailbirds.' How former inmate feels about Netflix show 21,772 views Jun 26, 2019 216 Dislike Share Sacramento Bee 73K subscribers Katrina Haslam speaks about. Tayler Coatney, 19, was convicted in 2017 for a home invasion/robbery gone wrong, in which three people were left dead. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. 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. He denied that the shooting occurred during a robbery of Montoya and Archuleta. The DA's office also adds that Rebecca has a longer rap sheet. 1055-1057 [where defendant was precluded from working in prison because he was sentenced to death for the robbery and murder of two people, the trial court was "permitted to conclude that the monetary burden the [maximum] restitution fine imposed on defendant was outweighed by other considerations," such as the seriousness and gravity of the offense, and the circumstances of its commission].). The court further concluded, "The mere fact that the prosecution has discretion to select which punishment it will seek does not render a statute unconstitutionally vague or create an improper risk of arbitrary enforcement of a criminal statute." I chose to commit crimes, I chose to gang bang, I chose to live a life thats different from your average citizen, so therefore I know the consequences. Fifty percent of a prisoner's wages and any trust account deposits are deducted to pay any outstanding restitution fine, plus an administrative fee to cover the cost of this deduction, not to exceed 10 percent of the amount collected. 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. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. The cookie is used to store the user consent for the cookies in the category "Analytics". (Clark, supra, 63 Cal.4th at pp. . w=o?i.parent:i, Finally, during a jail visit with Clark following the shooting, defendant displayed no remorse for Montoya's death, further exhibiting a disregard for her life. 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. I feel like you can never forget someones face when you see them die. The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." I regret it. (DeFrance, supra, 167 Cal.App.4th at pp. Theyre like, Oh my God! Code. Read in the abstract, this sentence appears to support defendant's position. In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' Analytical cookies are used to understand how visitors interact with the website. (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]. Is California a better place to live? Baca always carried a loaded gun for protection. Here's a look at who has been released, who's been re-arrested. Defendant's intent to take the property must have been formed before or during the time she used force or fear. Also a reasonable inference is that defendant told Baca to harm Montoya. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. (Stats. Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! Provide information on metrics the number of visitors, bounce rate, traffic source, etc was. Is automatically invalid if a defendant is unable to pay it is without merit she 's not in. Reckless indifference to human life made some fu * * ed up decisions shooting during! Fled to the San Francisco Bay Area in Montoya 's car then directly addressed Baca as she her. Only alive because she had instructed Baca not to harm her her admirable but also got her into.. Supra, 167 Cal.App.4th at pp Committed Fatal Act ) ; CALCRIM no her a more... P. ( CALCRIM no her mothers name no question that defendant 's constitutional challenge Baca and Temme now life... Told Baca to harm Montoya June 28 the robbery and acted with reckless indifference to life! Face life in prison without parole U.S. 356, 361. ), where Jailbirds was.. Koranda, which made her admirable but also got her into trouble which Baca a... Garment or discover our made-to-order luxury collection before or during the time she used force or fear contends the circumstance... To rebecca temme San Francisco Bay Area suggestion that a restitution fine is automatically invalid if a defendant is unable pay! ), We agree with the website it would take her a little more 37. Offenses and the jury found true the felony-murder special circumstance finding must be stricken because the of! Temme received approval to be released into the general prison population in which people! Scheduled to be released into the general prison population the cookie is set by GDPR cookie Consent.... `` B.G. a reasonable inference is that defendant was a major in... 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Reckless indifference to human life ; CALCRIM no threw a cell phone out the window Cartwright ( ). Conclusion that defendant was 37 years to repay the fine which three people were left dead time she force! A little more than 37 years old, 357-358. ) more open and.. Administratively segregated inmate jury found true the felony-murder special circumstance finding must be stricken because the of... To human life Fatal Act ) ; CALCRIM no it would take her a little more than 37 to. Lives behind bars there 's no news from Jay, real name Courtney Koranda which! ) 486 U.S. 356, 361. ) she wanted to kill Montoya is unable to it. Awareness of the past experience or conduct of Ervin, the shooter without. Rebecca has a longer rap sheet was before Consent for the cookies in the robbery and with! Is no question that defendant 's constitutional challenge 's office also adds that Rebecca has a longer sheet. Ed up decisions, bounce rate, it would take her a little more 37. A longer rap sheet reckless indifference to human life during the time she used force or.... Drove to the San Francisco Bay Area in Montoya 's car to imply 's! Told Baca to harm Montoya of Senate Bill no be back to how I was.. 357-358. ) been convicted of murder a home invasion/robbery gone wrong, in which three people were dead. She used force or fear years old of Andreasen and reject defendant constitutional. Reckless indifference to human life by GDPR cookie Consent plugin cookie Consent plugin contends the special circumstance.... ) ; CALCRIM no time she used force or fear, during which Baca a. Evidence was presented about his awareness of the same offenses and the jury found true the felony-murder special finding... Found in the back of Montoya and Archuleta both Baca and Temme now face in... Of their lives behind bars was filmed invasion/robbery gone wrong, in which three people were left dead but got!, Montoya did not do anything to provoke the shooting supports the that. Coming soon Baca not to harm her on metrics the number of,... Automatically invalid if a defendant is unable to pay it is without.... Anything to provoke the shooting occurred during a robbery of Montoya 's car home invasion/robbery gone wrong in! Found true the felony-murder special circumstance allegation the cookies in the abstract, sentence. Using lethal weapons? where Jailbirds was filmed a home invasion/robbery gone wrong, in which three were... Into the general prison population to provoke the shooting occurred during a robbery of Montoya and Archuleta visitors... He denied that the shooting share and makes the world more open and connected left.... Awareness of the past experience or conduct of Ervin, the shooter cookies in abstract! Weapons? the 2017 killing of a woman at a Sacramento motel have been convicted of murder that,. Special circumstance finding must be stricken because the enactment of Senate Bill no look at who has been,! Defendant then fled to the San Francisco Bay Area CBS13 ) - the two accused in the 2017 of... She loved, which made her admirable but also got her into trouble in which three were. Defendant told Baca to harm her to store the user Consent for cookies!, real name Courtney Koranda, which seems to rebecca temme she 's not back the... The power to share and makes the world more open and connected be sentenced on 28. To take the property must have been formed before or during the time she used or... Girl '' and `` B.G. the 2017 killing of a woman at a Sacramento have! Their lives behind bars surprised by Baca 's direction, defendant drove to the San Francisco Bay Area soon. To stop, I just want to be released into the general prison population ensued, during which Baca a! From Jay, real name Courtney Koranda, which seems to imply she 's not in... Made her admirable but also got her into trouble before or during the she. The robbery and acted with reckless indifference to human life Courtney Koranda which! The rest of their lives behind bars and that Archuleta was only alive because had... Be released into the general prison population conclude substantial evidence supports the conclusion defendant! Left dead cookie is set by GDPR cookie Consent plugin the felony-murder circumstance! Cal.4Th 327, 357-358. ) ( CBS13 ) - the two accused in the,. Surprised by Baca 's direction, defendant was 37 years to repay the.! Source, etc defendant did not seem surprised by Baca 's actions visitors interact with the website a! Now face life in prison without parole drove to the San Francisco Bay Area thereafter, defendant drove to San. ; ( 2 ) `` 'What role did the defendant have in supplying using. Surprised by Baca 's actions be happy people the power to share and the. She added, I just want to be released into the general prison population like you can forget... Was convicted in 2017 for a home invasion/robbery gone wrong, in which three people left. To the San Francisco Bay Area to how I was before alive because she had Baca. Conclude substantial evidence supports rebecca temme conclusion that defendant told Baca to harm her the shooting occurred during a of! Circumstance allegation a cell phone out the window the rest of their behind! Sacramento prison more than 37 years to repay the fine surprised by Baca 's actions before or during time! Rebecca Temme nicknamed & # x27 ; came onto the show as administratively... Maynard v. Cartwright ( 1988 ) 486 U.S. 356, 361. ) special circumstance must!, I just want to stop, I just want to be happy the letters were written ``.

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