After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. 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. 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. Thereafter, Archuleta gave all her money to Baca, and either defendant or Baca took her cell phone. 2019 CBS Broadcasting Inc. All Rights Reserved. " (Nguyen, at p. During Rebeccas sentencing, Judge Sawtelle explained why she received the maximum sentence, despite the fact that she wasnt the one who pulled the trigger. 801.) 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. 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." at p. 1170). "The victim happened to be my wife," she adds. Her sentence will be determined on June 28. Baca testified on his own behalf at trial. Following the enactment of Senate Bill No. 1600.). In March 2017, he carried a .45 caliber handgun. 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. I hope she haunts you. ), The major participant requirement means a defendant's personal involvement must be "substantial" and greater than the actions of an ordinary aider and abettor to an ordinary felony-murder. She was a very outspoken person. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. "She got shot, execution style. . 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. The Last of Us. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. Section 1202.4, subdivision (d) does not involve the prohibition at issue in section 1202.4, subdivision (c) and, thus, Dueas is inapposite and we do not address its merits. Defendant always carried a loaded gun for protection. . According to Archuleta, Montoya did not do anything to provoke the shooting. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. Jailbirds Cast Today: Where Are They Now? " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) 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. "; and (5) " 'What did the defendant do after lethal force was used?' Baca was found guilty of the same offenses and the jury found true the felony-murder special circumstance allegation. The next morning, Montoya hung out with her friend, Katherine Archuleta. (Clark, supra, 63 Cal.4th at pp. Cocaine Bear. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. [Citation.]" (See 189, subds. . 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. He admitted that he tossed his gun during the foot chase because it was "slowing [him] down.". Though they were seen outside of prison together on Jailbirds, the fate of their relationship is unclear. Theyre like, Oh my God! (a)(17)(A)). THE PEOPLE, Plaintiff and Respondent, v. REBECCA IRENE TEMME, Defendant and Appellant. 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. "[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." Make your practice more effective and efficient with Casetexts legal research suite. 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. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. 615. She was involved in an armed robbery of two victims that resulted in the fatal shooting of one of those victims, so the seriousness of the crime supported the maximum fine. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. 803. Code. vioptional2: '', Im not stupid. Rebecca 'Baby Girl' Temme. Duarte, J. 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. Gov. I hope she haunts you. Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. The issue is whether the defendant exhibited a willingness to kill (or to assist another in killing) to achieve a distinct aim, even if the defendant did not specifically desire for death to occur. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. First published on June 28, 2019 / 4:36 PM. Assuming defendant earns the highest rate of $56 per month, the amount deducted for credit against her restitution fine will be $22.40 per month. She just made some f---ed up decisions," Rebecca recalls. We disagree. " Get browser notifications for breaking news, live events, and exclusive reporting. 'All persons concerned in the commission of a crime, . Im not that dumb.. The record strongly supports the inference that defendant knew a gun would be used in the robbery, and there was evidence defendant knew that Baca was likely to kill during the robbery. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". We are currently working on another Netflix Jailbirds update, so stay tuned! [] 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.' The good news, for fans looking for real time updates, is with the reality show format, life is sure to carry on for each of the inmates, from those still behind bars to those who were released with hope for a better life. 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. Pair arrested on suspicion of homicide in shooting at Auburn Boulevard motel, What does Jailbirds really cost? (People v. Clark (2016) 63 Cal.4th 522, 615 (Clark).) [Citation.] She was there because of an in-house infraction involving. Second, Dueas does not support defendant's position. The gun Ervin used to murder the victim had been loaded with one bullet. Baca was also convicted of being a felon in possession of a firearm. Are They Still in Jail? (f). (a).) And I went on a high speed chase because I didnt want to get caught. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. These assessments are mandatory "and may be added on review." With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. 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. 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 . Like Ill never forget the look she gave me.. He stayed seated at the defense table as he addressed Sawtelle a final time before he was taken away by sheriffs deputies. The defendant argued that, because the prosecution had unfettered discretion to select the charge, he had no way of anticipating whether he would face a sentence without, as opposed to with, the possibility of parole. That was her downfall. After going into a room, Baca pulled out a gun and told the people inside to give up their cellphones. The jury found that Baca personally used a firearm in the course of the murder and robberies. (People v. Bryant (2013) 56 Cal.4th 959, 965. Like, I'll never forget the look she gave me.". Public File for KMAX-TV / Good Day Sacramento. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). Its a just and proper sentence. 1056.) 80.) The special circumstance requires that the defendant be a ' "major participant" ' in the underlying felony. Nothing in the record suggests that defendant would not be able to work while serving her lengthy LWOP sentence. (a).) Haslam and Carter also communicate via kites, letters sent through the toilet. (Clark, supra, 63 Cal.4th at p. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. Megan "Monster" Hawkins Is Grateful for Her Time on 'Jailbirds', Bobby Gonzales Was Sentenced to Life in Prison When He Was Only 15 Years Old. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. The incident happened back in March 2017.
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