Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. Julie didn't mention that the drug. The day before the shooting, defendant and Montoya got into a "heated" argument. 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. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. Crystal Anne Latapie affectionately known as "Kit" passed away on Monday, June 21, 2021 at the age of 37. While on the show, Temme revealed that both of her parents were 13 years old when she was born. Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. The victim happened to be my wife, Temme told producers. " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. Public File for KMAX-TV / Good Day Sacramento. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). (Id. Moreover, contrary to defendant's contention, the prosecutor's discretion to select the charge against a defendant does not render the felony-murder special circumstance enhancement unconstitutional for arbitrary enforcement purposes. A high-speed chase ensued, during which Baca threw a cell phone out the window. [Citation.] In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. As KOVR reports, Rebecca "Baby Girl" Temme was recently found guilty of a first-degree murder charge stemming from a shooting at a Sacramento-area motel in 2017. (a).) ", At the time, that's all Rebecca wanted to say about her case. ), 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. (People v. Gonzalez (2012) 54 Cal.4th 643, 654; 189, subd. These cookies will be stored in your browser only with your consent. Baca and Temme then fled for the Bay Area. 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. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. . (f).). 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. Rebecca Temme, 35, and 35-year-old James Baca were both arrested Monday night for robbery, murder and violation of parole. Baca and Temme were found in the vehicle in the Bay Area city of Menlo Park, and the pair led officers on a high-speed pursuit. 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.' "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." The trial court's inference that she has the ability to pay the restitution fine imposed in this case from probable future prison wages was not an abuse of its discretion. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temme's wife at a Arden Arcade motel in 2017. He denied that the shooting occurred during a robbery of Montoya and Archuleta. I cant really discuss it because Im still fighting it. This website uses cookies to improve your experience while you navigate through the website. No single factor is necessary, but neither is any one of them necessarily sufficient. The next day, defendant attempted to elude the police as the driver in a high-speed car chase and she ran after a patrol car blocked the car. On March 18, 2017, Temme and Montoya got into a heated argument in the presence of defendant and Temme's aunt, Melodie Clark. !9:16 The Movie coming soon ! Femme Fatale: Directed by Brian De Palma. The court further explained that the defendant was in his car in the parking lot when the victim was shot and was not provided with an opportunity to provide a restraining influence on his murderous cohort. Its one of the most callous things Ive ever heard.. (a).) Join Facebook to connect with Rebecca Temme and others you may know. The defendant also secured use of a U-Haul truck by having another person rent the truck using a false driver's license defendant helped her procure. We only recite the facts and procedural detail necessary to the resolution of this appeal. 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. During the first episode, Beason received the unfortunate news of finding out her parole had been placed on hold. 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. 611. var sc_security="af495448"; (Clark, at p. 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. ), 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. You also have the option to opt-out of these cookies. He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. at p. 808; see also Clark, supra, 63 Cal.4th at pp. b=o?i.parent.document.body:v.body||v.documentElement.appendChild(v.createElement('body')),scr=v.createElement('script'); But opting out of some of these cookies may affect your browsing experience. 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].). I cant really discuss it because Im still fighting it. 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]." Also a reasonable inference is that defendant told Baca to harm Montoya. She was there because of an in-house infraction involving. [] 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.' with malice aforethought." On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. Whether you've heard about how problematic or exploitative the series is or whether you binged through the whole thing while waiting for the next season of OITNB, chances are you've heard about it one way or another. "https://secure." After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. 2019 CBS Broadcasting Inc. All Rights Reserved. Netflix's newest docuseries Jailbirds has everyone talking. ), 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. (Id. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. Someone got killed and I got caught. He and defendant then fled to the San Francisco Bay Area in Montoya's car. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. ( 2700; Cal. 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. var sc_project=9095613; ( 211.) Although ability to pay is one of the factors a trial court must consider in imposing a restitution fine above the statutory minimum of $300, it is not the only factor. [Citation.] We will modify the judgment to impose the mandatory court operations assessment and court facilities assessment the trial court failed to impose. 15, 3097, subd. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. She got shot execution style. Montoya then entered the room and defendant closed the door. DivID: '', The DA's office also adds that Rebecca has a longer rap sheet. 357.). 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 . Leonora Montoya, Martin said. Here's everything you need to know about the cast of "Jailbirds," the Netflix docu-series on female inmates in real life. Temme and Montoya, who was Temme's former girlfriend, assisted defendant in selling drugs. Temme, known on the show as Baby Girl, stopped short of saying she killed Montoya but described to producers how she died. 190, subd. Hawkins said, I have people stop me. " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. The defendant drove away, leaving Ervin to be apprehended in the parking lot by an officer who heard the gunshot while on patrol near the store. After Montoya dropped Ikon off, she and Archuleta met up with defendant and Baca at a different gas station. Defendant went by the nickname "Baby Girl.". Distractify is a registered trademark. "She was a good person. Code, 211) and first degree murder ( 187, subd. PlacementID: 'pltJl5BMKdPlU98hflT', They arrived around 8:30 p.m. So theres no point in me sitting here and crying about it every day.. (See Andreasen, supra, 214 Cal.App.4th at p. 621. One of the two also took Archuleta's cell phone after the shooting. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. top of page. [Citations.] Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. document.write("