" (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. Teemes detailed description of the violent scene from jail at Rio Cosumnes Correctional Center as she awaited trial marked the fourth episode of the Netflix documentary series Jailbirds. The series depicting life behind bars in Sacramento Countys jails has since been criticized as exploitative of jail inmates and has raised questions about the role Sacramento County Sheriffs Office played in allowing violence to escalate during filming inside its lockups. 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. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. After watching the Netflix show 'Jailbirds' you might be wondering what happened to the women. Temme's criminal history includes convictions for the battery of a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft. 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. Copyright 2023 Heavy, Inc. All rights reserved. Get browser notifications for breaking news, live events, and exclusive reporting. Taken as a whole, defendant's conduct before, during, and after the robbery was sufficient to support her robbery conviction as to Archuleta. 1600.). (a), (e), 190.2, subds. Montoya, 53, was found dead of a gunshot wound to her head at . 22. Leonora. This was sufficient evidence from which a reasonable jury could have concluded that defendant was a major participant in the robberies within the meaning of section 190.2, subdivision (d). 803. " (People v. Zamudio (2008) 43 Cal.4th 327, 357-358.) Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. Authorities would later find and arrest Temme and Baca in Redwood City, chasing down the pair after a car and foot pursuit. What was Rebecca Temme's crime and where is she now? Baca's rap sheet 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. 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. There's no news from Jay, real name Courtney Koranda, which seems to imply she's not back in the Sacramento prison. That was her downfall. " '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.' Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. ), 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." (Id. 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 I know how to drive. (Ibid.) People may receive compensation for some links to products and services on this website. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained 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. . (Clark, supra, 63 Cal.4th at pp. Fuck her." Upon entering the room, James Martin Baca pointed a gun at the victims and demanded their cell phones. However, the court declined to decide whether the defendant qualified as a major participant, concluding instead "the evidence was insufficient to support that he exhibited reckless indifference to human life." (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. Defendant approached Montoya's car and said that Baca would not give Archuleta a tattoo because Montoya and Archuleta "weren't supposed to bring anybody with [them]." A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. Tuesday, the Sacramento County Sheriff's Office announced that a jury had found Baca and Temme guilty of first-degree murder charges with the special circumstance that it was committed during a robbery. When Baca turned and looked at Archuleta, she gave him all the money she had. But here there appears to be nothing in the plan that one can point to that elevated the risk to human life beyond those risks inherent in any armed robbery. 1437, aider and abettor liability for the felony-murder offense is indistinguishable from aider and abettor liability for the felony-murder special circumstance. He denied that the shooting occurred during a robbery of Montoya and Archuleta. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. notice: mugshots.com is a news organization. ), 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. 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. 540B (Felony Murder: First Degree-Coparticipant Allegedly Committed Fatal Act); CALCRIM No. Im not stupid. First published on June 28, 2019 / 4:36 PM. Prior to that, me and her had a really big falling out. (a)(17)(A)). According to Archuleta, defendant did not seem surprised by Baca's actions. 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. at p. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. While the court acknowledged that the jury may have inferred the defendant was aware the victim had been shot when he drove from the scene, indicating a "desire to flee the scene as quickly as possible, without regard for [the] welfare . She was a very outspoken person. "I regret it. Also a reasonable inference is that defendant told Baca to harm Montoya. To pass constitutional muster, a statute must be definite enough to provide notice about what conduct is prohibited, and to provide standards for its application and adjudication to avoid arbitrary and discriminatory enforcement." (Stats. The following afternoon, Baca sent another text message to Los Cervantes stating that he needed "plates. willful, deliberate and premeditated killing . Defendant contends the special circumstance finding must be stricken because the enactment of Senate Bill No. at p. 15, 3097, subd. During season one, Temme received approval to be released into the general prison population. She participated in the execution of a friend an intimate friend that she had an intimate relationship with, he added. (See Andreasen, supra, 214 Cal.App.4th at p. [Citations.]" at p. "); (People v. Nakahara (2003) 30 Cal.4th 705, 712.). (Super. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. Are They Still in Jail? (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 . (Id. Im a nice *ss real b*tch., Everyone dreams of being a lawyer or a doctor, Noonie said at another point, [But] I wanted to be a social worker, because I was in and out of the system.. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." ), The Banks court discussed these factors in relation to a non-shooter aider and abettor in an armed robbery that resulted in a murder. Accordingly, in order to be held liable as an aider and abettor, the requisite intent to aid and abet must be formed before or during such carrying away of the loot to a place of temporary safety. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. [] The Court will waive all other fines and fees in this matter in light of this . The next morning, Montoya hung out with her friend, Katherine Archuleta. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. (People v. Bryant (2013) 56 Cal.4th 959, 965. ), "Independent of the felony-murder rule, the natural and probable consequences doctrine rendered a defendant liable for murder if he or she aided and abetted the commission of a criminal act (a target offense), and a principal in the target offense committed murder (a nontarget offense) that, even if unintended, was a natural and probable consequence of the target offense. ), 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]. (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. . We only recite the facts and procedural detail necessary to the resolution of this appeal. I hope she haunts you. "All murder that is perpetrated by . Keep reading to find out. After reviewing the relevant statutes, the Andreasen court concluded that the statutes "provided defendant with notice that if he commits a statutorily-specified felony and kills someone during that felony, he could be subjected to a sentence of 25 years to life with the possibility of parole, [LWOP], or death. This cookie is set by GDPR Cookie Consent plugin. She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. 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. 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. She was a very outspoken person. At Baca's direction, defendant drove to the San Francisco Bay Area. 615. This cookie is set by GDPR Cookie Consent plugin. (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]. 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 . Dueas requires no more. 703 (Special Circumstances: Intent Requirement for Accomplice After June 5, 1990Felony Murder); CALCRIM No. (a).) . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Im not that dumb.. (a)) is indistinguishable from the felony-murder special circumstance ( 190.2, subd. The asportation, the final element of the offense of robbery, continues so long as the stolen property is being carried away to a place of temporary safety. 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. w=o?i.parent:i, (a).) The incident happened back in March 2017. The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. FontSize: '', Public File for KMAX-TV / Good Day Sacramento. Source: Netflix Article continues below advertisement Rebecca Temme's Crime 619.) (a), (e).) With the assistance of law enforcement agencies in Redwood City, Menlo Park, and CHP the defendants were apprehended after a vehicle and foot pursuit. . Exclusive interview with Netflix (JailBirds) very own "Dolla"Jail Bird shirts coming soon ! . Undesignated statutory references are to the Penal Code. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. ", During a jail visit following the shooting, defendant admitted to Clark (her aunt) that she took everything Montoya had on her person, including her car key. Netflix's newest docuseries Jailbirds has everyone talking. I cant really discuss it because Im still fighting it. 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. Rational trier of fact could have found her guilty of this appeal, the brief does! 2019 ) 42 Cal.App.5th 241, 248 Cal.4th at pp ( Jailbirds very! Of fact could have found her guilty of two counts of robbery ( Pen 959, 965 v. (... 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