Code, 211) and first degree murder ( 187, subd. 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. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. June 28, 2019 / 4:36 PM A 34-year-old woman was arrested for stealing a vehicle and leading police on a short chase in Sacramento, officials said. That was her downfall. In any event, as we have described, defendant counsel clearly expressed his opinion that his client was indigent and asked for a lower restitution fine and a waiver of all other fines and fees. Its one of the most callous things Ive ever heard, Sawtelle said. 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. (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 . Rebecca 'Baby Girl' Temme. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. Dueas did not consider or interpret the statutory provision at issue here--section 1202.4, subdivision (d)--which expressly lays out various factors, including ability to pay, to be considered in setting the amount of the fine. Rebecca "Baby Girl" Temme Age: 36 From the series: She was first introduced to viewers as an inmate in administrative segregation. at p. Defendant argues that prosecutors have unfettered discretion to choose whether to charge a felony-murder special circumstance enhancement, and therefore the same crime can result in different penalties, depending on how the prosecutor exercises his or her discretion; these circumstances expose aiders and abettors to arbitrary enforcement of the special circumstance that can be based on impermissible factors such as race. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. ' [Citation.]" "https://secure." 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. Deputies later found Montoya with a fatal gunshot wound to the head. [Citation.] Baca always carried a loaded gun for protection. LikeI want to be back to how I was before. She added, I just want to stop, I just want to be happy. While on the show, Sundermeyer said she was driving up to 130 [miles per hour] while she was trying to outrun authorities. (a), (e); Cal. Defendant's suggestion that a restitution fine is automatically invalid if a defendant is unable to pay it is without merit. Defendant does not dispute, and numerous courts have held, that a trial court can look at prison wages to determine a defendant's ability to pay fines and fees. Temme also has an added charge of "possession of a weapon by a prisoner," according to Baller Alert. After awaiting her trial for over two years, Rebecca finally got her day in court last week. (a), (e)), finding true the special circumstance allegation that the murder occurred during the commission of a robbery ( 190.2, subd. (DeFrance, supra, 167 Cal.App.4th at pp. Megan Hawkins, AKA "Monster" from Netflix's "Jailbirds", was arrested and sent back in Sacramento Main Jail. 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. . At Baca's direction, defendant drove to the San Francisco Bay Area. Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. 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. (a)(17)(A)). 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. 79.) In one of those incidents, he was shot in the leg and one of his friends was shot and killed. Regs., tit. Finally, she contends the special circumstance finding must be stricken because the enactment of Senate Bill No. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. (Stats. At the same time, the court explained, "[b]ecause the robbery was planned for a public space and involved the prolonged detention of employees, the crime did involve the risk of interlopers, such as [the murder victim]. And I went on a high-speed chase because I didn't want to get caught. (People v. Dueas, supra, 30 Cal.App.5th at p. Undesignated statutory references are to the Penal Code. / CBS Sacramento. We affirmed codefendant Temme's conviction on September 24, 2020. (Id. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." Rebecca Temme - Rotten Tomatoes. 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. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). Code. ( 187, subd. (People v. Bryant (2013) 56 Cal.4th 959, 965. (a), Cal. Leonora. 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. They arrived at 9:07 p.m. Baca entered the motel room first, followed in order by defendant, Archuleta, and Montoya. May 14, 2019 / 11:38 AM 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. (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). 730 (Special Circumstances: Murder in Commission of Felony). [] . Gavin Newsom likes to bash Texas. Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. 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. Theyre like, Oh my God! (Id. But I cant apologize for surviving. Fuck her." A high-speed chase ensued, during which Baca threw a cell phone out the window. "I'm here for murder and robbery," she tells the cameras in Episode 4 of Jailbirds. "As amended, section 188 limits a finding of malice: 'Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. The court stated: "I know that it's a huge fine, but I think it's commensurate to the crime. Thus, a person who aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts." And I went on a high speed chase because I didnt want to get caught. Her sentence will be determined on June 28. 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. 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. 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. Montoya sat down in a chair and said, "Break yourself," which Baca understood to mean "give up what you got." The pair took Montoya's keys and took off. " 'The felony-murder doctrine, whose ostensible purpose [was] to deter those engaged in felonies from killing negligently or accidentally, operate[d] to posit the existence of that crucial mental stateand thereby to render irrelevant evidence of actual malice or the lack thereofwhen the killer is engaged in a felony whose inherent danger to human life renders logical an imputation of malice on the part of all who commit it.' . She hopes to "be reclassified as a high GP inmate" and her request is initially approved, but as soon as she is reunited with her sister Shayna which goes much more sour than planned she's quickly returned to AdSeg for disruptive behavior. However, before any computers could be removed, the mother of one of the handcuffed employees came into the store. In the other incident, he was shot in the ankle. ), We agree with the reasoning of Andreasen and reject defendant's constitutional challenge. After the teller recognized Hawkins she left the bank, and was found in a stollen car. I mean, I feel like you can never forget someone's face when you see them die. During their exchange of messages, Baca told Montoya that he "sell[s] drugs [and] shoot[s] people.". 614-615), our Supreme Court has considered the following list of nonexclusive factors in determining whether a defendant acted with reckless indifference to human life: (1) a defendant's knowledge of weapons, and use and number of weapons; (2) a defendant's physical presence at the crime and opportunities to restrain the crime and/or aid the victim; (3) the duration of the felony; (4) a defendant's knowledge of the cohort's likelihood of killing; and (5) a defendant's efforts to minimize the risks of the violence during the felony. "; (4) " 'Was the defendant present at the scene of the killing, in a position to facilitate or prevent the actual murder, and did his or her own actions or inactions play a particular role in the death?' Rebecca and her accomplice, James. [Citations.] (See 189, subds. There's a Free Streaming Service to Try. 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. scr.src=source, 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." 2019 CBS Broadcasting Inc. All Rights Reserved. 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. Defendant contends her robbery conviction as to Archuleta must be stricken because the of. Special Circumstances: murder in Commission of Felony ) a high-speed chase ensued, during Baca! 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