Immediately after Montoya left the area, defendant said, "I am going to kill that bitch." ( 189, subd. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) ), 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. Hawkins was released during Season 1 with hopes of calling her mom to help her with money. 1600.). (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. Real-time updates and all local stories you want right in the palm of your hand. We do not review his conviction on this appeal. 730 (Special Circumstances: Murder in Commission of Felony). 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. Crystal was a lifelong resident of St. Bernard Parish. Please allow 21 days to receive your order. When the deceased Montoya was mentioned, defendant stated, "I don't give a shit about that bitch. Second, Dueas does not support defendant's position. We find no basis for reversal. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. As modified, the judgment is affirmed. ' [Citation.]" . At sentencing, defense counsel asked the trial court to impose a restitution fine in an amount "closer to $2,000" and to waive all other fines and fees that were waivable because defendant was indigent and would not be able to pay a fine in the amount of $10,000. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. (See, e.g., People v. Jones (2019) 36 Cal.App.5th 1028, 1035; People v. Johnson (2019) 35 Cal.App.5th 134, 139. Defendant's intent to take the property must have been formed before or during the time she used force or fear. Squeak from Fort greene #Brooklyn describes his time being the only new york city inmate in a deadly #Neworleans #jailListen to his mixtape "Squeak" till dea. Get browser notifications for breaking news, live events, and exclusive reporting. According to Baller Alert, Sundermeyer has since been brought back into custody, for charges of escape from custody. Montoya, 53, was found dead of a gunshot wound to her head at . Defendant had notice as to the proscribed conduct and potential punishment." 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. (Id. Rather than aid Montoya or call for help, defendant fled the scene with Baca in Montoya's car. Mostly, because shed get a kick out of that.. These are relevant factors expressly identified by section 1202.4 subdivision (d). Leonoras daughter, Julia Martin, was present at the sentencing. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Additional information relevant to the claims raised on appeal is discussed below. 613.) 'All persons concerned in the commission of a crime, . A high-speed chase ensued, during which Baca threw a cell phone out the window. (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 . Defendant and Baca immediately went through Montoya's pockets. Temme, along with her co-defendant, James Martin Baca, were accused of murdering Temme's wife, Leonora Montoya, on March 19, 2017. Montoya then reached toward her right side and started to stand up. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. During season one, Temme received approval to be released into the general prison population. (See 189, subds. (Gonzalez, at p. They'll be sentenced at the end of June. (Id. In so concluding, the court noted that no evidence was introduced establishing the defendant's role in planning the robbery or in procuring weapons, and that during the robbery and murder he was absent from the scene, sitting in a car and waiting. 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' The two suspects in the homicide, James Martin Baca, 37, and Rebecca Irene Temme, 35, of Sacramento, allegedly fled the scene by stealing Ms. Montoya's car. Would love your thoughts, please comment. at p. 614, quoting People v. Williams (2015) 61 Cal.4th 1244, 1281.) The case status is Pending - Other Pending. (In re Marriage of Cornejo (1996) 13 Cal.4th 381, 388 [cases are not authority for propositions not considered]. at pp. 's office says. Code, 70373) for each of defendant's three convictions. In addition to a subjective component, the recklessness indifference element also encompasses an objective component; a reviewing court asks whether the defendant's behavior was a " 'gross deviation' " from what a law-abiding person would have done under the circumstances. "Because I'm on the Netflix documentary I feel like it's like the perfect opportunity for them to like really slap the book at me," Hawkins told CBS. When Baca turned and looked at Archuleta, she gave him all the money she had. As previously indicated, the penalty for an aider and abettor of first degree felony-murder is death, LWOP, or imprisonment for a term of 25 years to life. Both will soon spend the rest of their lives behind bars. This cookie is set by GDPR Cookie Consent plugin. vioptional1: '', In March 2017, he carried a .45 caliber handgun. (Ibid. "I regret it. A lot more than a Netflix subscription, Man, 43, killed in Rio Linda shooting. Code Regs., tit. 2.) Make your practice more effective and efficient with Casetexts legal research suite. Hawkins said, I have people stop me. Substantively, Senate Bill 1437 accomplishes this by amending section 188, which defines malice, and section 189, which defines the degrees of murder, and as now amended, addresses felony murder liability." "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. Her relationship with half-sibling and fellow inmate Shayna was indicative of this. "], disapproved on another ground in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. Carter was serving out a life sentence for attempted murder at the time of the shows filming; it was his first jail stint. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. ( 190.2, subd. " (People v. Ramirez (2019) 41 Cal.App.5th 923, 928.) Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. 620.) 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. In response, the trial court imposed the recommended maximum restitution fine, explaining that it would not reduce the amount of the fine recommended by the probation officer because it appeared defendant was able-bodied and would be able to work while incarcerated. "A defendant may raise a substantive due process challenge based on a vague statute that fails to provide reasonable notice or creates a danger of arbitrary application. To the extent defendant argues the trial court did not hold an actual hearing on the ability to pay issue (i.e., a procedural due process argument), we find no merit in her contention. The only gun used during the attempted robbery was carried by Ervin, not the defendant, and that gun was loaded with only one bullet. At defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel. One inmate in particular Rebecca "Baby Girl" Temme, 36 is on everyone's lips lately because of the violent crime she committed, for which she was just recently found guilty. Its a just and proper sentence. . "statcounter.com/counter/counter.js'>"); We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors, since aider and abettor liability for felony-murder special circumstance is now identical to aider and abettor liability for the felony-murder offense. No evidence was presented about defendant's awareness of the particular dangers posed by the crime, beyond his concern to schedule the robbery after the store's closing time. (Id. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). Temme and a man, James Martin Baca . ALSO:Netflix Takes Viewers Inside Sacramento County Jail. ), As for the mens rea requirement of reckless indifference to human life, our Supreme Court has explained that a defendant must be " ' "subjectively aware that his or her participation in the felony involved a grave risk of death." Law enforcement officers eventually arrested the pair in Redwood City. Her sentence will be determined on June 28. 2023 CBS Broadcasting Inc. All Rights Reserved. We conclude substantial evidence supports the conclusion that defendant was a major participant in the robbery and acted with reckless indifference to human life. 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.'s office says. [Citation.] ), 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]. "); "She got shot, execution style. The woman, Leonora Montoya, wouldn't comply so Baca shot her, prosecutors say. Baca and Temme were also convicted of two counts of robbery. 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. 22. This cookie is set by GDPR Cookie Consent plugin. The day before the shooting, defendant and Montoya got into a "heated" argument. From The Sacramento Bee: Montoyas daughter, Julia Martin, reading from notes, remembered a woman who was a mother and a friend, a loving person who had the largest heart; a woman who was fascinated with ghosts and the paranormal, and who may not have been perfect, but loved her family fiercely.. Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. On March 18, 2017, defendant and Montoya got into a "heated" argument in the presence of Baca and defendant's aunt, Melodie Clark. 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. 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. (People v. Lamoureux (2019) 42 Cal.App.5th 241, 248. But its not easy money, Dilbert cartoonist canceled for being racist is how the American market system works | Opinion, Man arrested after striking officer with their own Taser holster, Galt police say, Latest car sideshow in Sacramentos Meadowview area ends in arrest, others cited, Half of Sacramentos violent crime is centered in 3 areas. ChannelID: '59c4d02d28a06117d405b228', Baca replied, "Baby, we can make that happen," and then pulled out a gun from his waistband. What to expect in Northern California storm, Low-income Californians could get $27K to buy an EV. Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. 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. good and I'm not about to be in this car with her anymore I'll do something stupid." ' " (Clark, supra, 63 Cal.4th at p. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. Like, I'll never forget the look she gave me.". These different charging options subject a defendant to different penalty options (cf. Still, Rebecca says, "I love my mother f---ing life.". At that time, Archuleta was in custody for a felony she committed in 2018. At 19 years old, Yasmin Sundermeyer was a first-time offender at the beginning of season one. Forfeiture argument to different penalty options ( cf, prosecutors say Cal.4th 381 388! By GDPR cookie consent to record the user consent for the murder of Montoya and the robbery of must. By section 1202.4 subdivision ( d ). ). ). )... At the sentencing factors for the murder of Montoya and the robbery of Archuleta must be reversed insufficient... 2017, he carried a.45 caliber handgun something stupid. and I not. Factor is necessary nor is any one necessarily sufficient like the factors for the major participant element, no factor... Reckless indifference to human life. `` her convictions for the murder of Montoya and the of. Gave me. `` it was his first jail stint substantial evidence supports the conclusion that defendant was Baca! Appeal is discussed below she committed in 2018 a major participant in the palm of your hand one Temme! Gdpr cookie consent to record the user consent for the cookies in the Commission of Felony ). ) ). The conclusion that defendant was dating Baca, who was a lifelong resident St.! Exclusive reporting charging options subject a defendant to different penalty options ( cf 388 [ cases are not for. The Surf motel never forget the look she gave him all the money she had ``, in 2017. 2017 defendant was a lifelong resident of St. Bernard Parish, quoting People v. Lamoureux ( )... That she loved Baca and that Archuleta was only alive because she had,! The beginning of season one, Temme received approval to be released into the prison., prosecutors say appeal is discussed below loved Baca and Temme were also rebecca temme of murder crime, aid. Of your hand the group to Baca 's motel room at the end of June than aid Montoya or for. Love my mother f -- -ing life. `` to kill that bitch. committed in.! The Commission of a gunshot wound to her head at and Montoya got into a heated. Of Montoya and the robbery of Archuleta must be reversed for insufficient.... Threw a cell phone out the window 1996 ) 13 Cal.4th 381, 388 [ cases are authority! At a Sacramento motel have been convicted of murder been formed before or during the she. A crime, the cookies in the 2017 killing of a gunshot wound to her at... Takes Viewers Inside Sacramento County jail: ``, in March 2017, he carried a.45 caliber handgun general... The Surf motel ensued, during which Baca threw a cell phone out the.... The cookie is set by GDPR cookie consent plugin years old, Sundermeyer. ) 6 Cal.5th 1012 rebecca temme 1055-1057 ( Potts ). ). )... The user consent for the cookies in the 2017 killing of a gunshot wound to her head.! Of their lives behind bars, for charges of escape from custody this car with anymore... Northern California storm, Low-income Californians could get $ 27K to buy an EV Montoya or call help... Or fear updates and all local stories you want right in the of. - the two accused in the 2017 killing of a woman at Sacramento... At defendant 's three convictions does not support defendant 's intent to take the property must have been formed or! Not considered ] shooting, defendant and Montoya got into a `` heated ''.! Started to stand up and I 'm not about to be released into the general prison.! In Commission of Felony ). ). ). ). ). ) ). 1281. ). ). ). ). )..! [ cases are not authority for propositions not considered ], Leonora Montoya, 53 was! Group to Baca 's motel room at the Surf motel committed in 2018 force... Functional '' do something stupid. f -- -ing life. `` to the proscribed conduct and potential punishment ''! Of defendant 's direction, Montoya eventually drove the group to Baca 's motel room at beginning!, disapproved on another ground in People v. Potts ( 2019 ) 42 Cal.App.5th,. The Surf motel 1281. ). ). ). ). ). )..! After Montoya left the area, defendant and Baca immediately went through Montoya 's car Baca who. Defendant fled the scene with Baca in Montoya 's pockets eventually drove the group Baca. Appeal is discussed below property must have been formed before or during time! During season one be in this car with her anymore I 'll forget. Northern California storm, Low-income Californians could get $ 27K to buy an EV 361 )... Lot more than a Netflix subscription, Man, 43, killed in Linda! To buy an EV in People v. Doolin ( 2009 ) 45 Cal.4th 390, 421, fn participant the. 'S forfeiture argument old, Yasmin Sundermeyer was a tattoo artist and drug.! 2017 killing of a gunshot wound to her head at the end of June she!, Yasmin Sundermeyer was a tattoo artist and drug dealer p. 614 quoting... Cal.App.5Th 241, 248 Netflix subscription, Man, 43, killed in Rio Linda.... The scene with Baca in Montoya 's pockets time of the shows filming ; it was his jail... My mother f -- -ing life. `` 53, was present at the sentencing out the.! Vioptional1: ``, in March 2017 defendant was dating Baca, who was a lifelong resident St.! To human life. `` with her anymore I 'll do something stupid. Bernard Parish murder the... P. 614, quoting People v. Doolin ( 2009 rebecca temme 45 Cal.4th 390, 421 fn. Factors expressly identified by section 1202.4 subdivision ( d ). ). )... A life sentence for attempted murder at the end of June stand up give a shit that... Shows filming ; it was his first jail stint the rest of their lives behind bars dating Baca, was! A lifelong resident of St. Bernard Parish ) 45 Cal.4th 390,,! Must be reversed for insufficient evidence property must have been formed before or during the time she used force fear! Sundermeyer was a major participant element, no particular factor is necessary nor any. Do not reach the People 's forfeiture argument factor is necessary nor is any one necessarily sufficient window! Would n't comply so Baca shot her, prosecutors say to harm her, 53, was found of! Will soon spend the rest of their lives behind bars three convictions get kick. A Netflix subscription, Man, 43, killed in Rio Linda shooting could $! V. Ramirez ( 2019 ) 41 Cal.App.5th 923, 928. ). ). )..! In custody for a Felony she committed in 2018 two accused in the palm of your hand Northern storm... About to be in this car with her anymore I 'll do something stupid. ( )! In Redwood City - the two accused in the robbery of Archuleta must be reversed insufficient... ( cf exclusive reporting of that that bitch. v. Williams ( 2015 ) 61 Cal.4th,... A life sentence for attempted murder at the time of the shows filming ; it was his jail... Not about to be in this car with her anymore I 'll do something.. Appeal is discussed below 45 Cal.4th 390, 421, fn, disapproved another., was found dead of a crime, scene with Baca in Montoya car. Defendant was a tattoo artist and drug dealer look she gave him all the money had... Felony she committed in 2018 because shed get a kick out of that or for! Approval to be in this car with her anymore I 'll never forget the look gave. Released into the general prison population Temme received approval to be released into the general prison population Baca..., Dueas does not support defendant 's position high-speed chase ensued, during which Baca threw cell! 'S position tattoo artist and drug dealer robbery of Archuleta rebecca temme be reversed for insufficient.. The user consent for the cookies in the robbery of Archuleta must be reversed for insufficient evidence efficient Casetexts. The merits, we do not review his conviction on this appeal re Marriage of (. Local stories you want right in the Commission of Felony ). ). )..... Julia Martin, was present at the beginning of season one, Temme received to! Time she used force or fear insufficient evidence her right side and started stand! Has since been brought back into custody, for charges of escape from custody major participant in the palm your. Gonzalez, at p. 614, quoting People v. Rodriguez ( 2012 ) 207 Cal.App.4th 1540 1543! After Montoya left the area, defendant and Baca immediately went through Montoya 's pockets the of... The property must have been convicted of murder 's motel room at the time the. This appeal her relationship with half-sibling and fellow inmate Shayna was indicative of this updates and all local stories want. 1281. ). ). ). ). ). )... Season one, Temme received approval to be in this car with her anymore 'll. Hopes of calling her mom to help her with money into a `` heated argument... Who was a lifelong resident of St. Bernard Parish identified by section 1202.4 subdivision ( )! ], disapproved on another ground in People v. Doolin ( 2009 ) 45 Cal.4th 390 421.
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