Some of the cast members have, in fact, been released from prison since the show was filmed. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Gov. On appeal, defendant contends her murder conviction must be reversed for insufficient evidence. 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. She's not admitting guilt, though. top of page. The new Netflix show Jailbirds is basically a real-life version of Orange Is the New Black. The suspects were captured after crashing the vehicle and running. 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. Instead, the defendant must consciously disregard a substantial and unjustifiable risk to human life. (Gonzalez, at p. After the teller recognized Hawkins she left the bank, and was found in a stollen car. Leonora. Sawtelle flatly rejected the defense theory and Statens argument for a new trial. Leonora Montoya, Martin said. The question is "whether a defendant has ' "knowingly engag[ed] in criminal activities known to carry a grave risk of death." 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. 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. [Citation.] Finally, we note that the trial court failed to impose the $40 court operations assessment ( 1465.8) and the $30 court facilities assessment (Gov. 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 . Jailbirds Cast Today: Where Are They Now? But looking to context, the Dueas court took issue with "section 1202.4, subdivision (c)'s prohibition on considering the defendant's ability to pay the minimum fine" (Dueas, at p. 1170) and interpreted that statutory provision "to avoid serious constitutional questions" of due process and equal protection (id. A review of security camera footage revealed that defendant, Baca, Montoya, and Archuleta arrived at the Surf Motel in Montoya's car at 9:07 p.m. on the evening of the shooting. 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. "[T]he commission of a robbery for purposes of determining aider and abettor liability continues until all acts constituting the robbery have ceased. In March 2017 defendant was dating Baca, who was a tattoo artist and drug dealer. config = { There, the defendant and his brother and cousin conducted surveillance of a computer store, studying the number of employees and their activities around closing time. After Montoya dropped Ikon off at a nearby convenience store, she drove to a different gas station and picked up defendant and Baca. Likewise, the mens rea requirement for the felony-murder aider and abettor special circumstance is different from that required for first degree felony murder. (People v. McCoy (2001) 25 Cal.4th 1111, 1116-1117.) Menu. Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. I always do this to myself., Katrina Haslam, 24, was serving out a seven month sentence for driving on the wrong side of the road, causing a deadly accident, four counts of assault with a deadly weapon, and vandalism. 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. 620.) The victim happened to be my wife. (a), (e), 190.2, subds. Hawkins said, I have people stop me. They drank alcohol, used drugs together, and talked about Montoya being on the "outs" with defendant. The incident happened back in March 2017. . Both will soon spend the rest of their lives behind bars. I hope she haunts you. Like the factors for the major participant element, no particular factor is necessary nor is any one necessarily sufficient. Temme and a man, James Martin Baca . The letters were written by "Harliquinn Baby Girl" and "B.G." Trending on RT. A Sacramento judge sentenced Rebecca Irene Temme and James Martin Baca to life in prison Friday for the execution-style killing of Temmes wife at a Arden Arcade motel in 2017. (a)(17), (c) & (d); see also CALCRIM No. Baca and Temme also allegedly demanded a woman's car keys. Cal. Notably, also unlike Clark, no steps were taken to minimize the risk of violence. . Defendant contends her robbery conviction as to Archuleta must be reversed for insufficient evidence. In addition, Baca was found guilty of a firearm offense and the jury found true firearm enhancement allegations. In late April 2019, defendant passed two notes to other inmates, instructing them to warn Archuleta that she was aware Archuleta intended on testifying against her and Baca, and that she would be "catching up with [Archuleta] real soon." With Rebecca Romijn, Antonio Banderas, Peter Coyote, Eriq Ebouaney. Here, there was ample evidence from which a jury could reasonably have concluded that defendant was an aider and abettor of the robbery of Archuleta. 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. ), Under California law, every able-bodied prisoner is required to work. 614. 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. Rather than do so, defendant, appearing unsurprised, encouraged the robbery by demanding Montoya's car key while Baca was pointing a gun at her. A rational trier of fact could have found her guilty of this crime beyond a reasonable doubt. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.). Sacramento sheriffs detectives investigating, How much rain and snow fell in Northern California storm? of the shooting victim," the court found this level of culpability less than in circumstances where a defendant would not have known that help was on the way in the form of police intervention. Rebecca Temme nicknamed 'Baby Girl' came onto the show as an administratively segregated inmate. Movies Tv shows Movie Trivia News Showtimes. 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. Rebecca Temme, 36, goes by "Baby Girl" on the show, and was serving out a life sentence for murder and robbery at the time of the show. The defendants were later located in Redwood City. 536, 612.) (Id. 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. You also have the option to opt-out of these cookies. 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." Immediately after Baca shot Montoya, defendant went through her pockets and took everything she had, including her car key. There was evidence that defendant lured Montoya and Archuleta to Baca's motel room under the pretense that Baca would give Archuleta a tattoo and sell one or both women drugs. 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. 1056.) Sufficient evidence supports the jury's conclusion that defendant acted with reckless indifference within the meaning of section 190.2, subdivision (d). Beason, 36, is a self-admitted convicted armed robber who said at one point, being in jail can beeasy for me.. We are currently working on another Netflix Jailbirds update, so stay tuned! (See 189, subds. At that time, Archuleta was in custody for a felony she committed in 2018. (d); see also DeFrance, supra, 167 Cal.App.4th at p. 505; Potts, supra, 6 Cal.5th at p. 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. (Clark, at p. 's office says. 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. ), The jury is entitled to draw reasonable inferences based on the evidence (People v. Livingston (2012) 53 Cal.4th 1145, 1166), and we must accept all logical inferences the jury might have drawn from the evidence, even if we would have concluded otherwise (People v. Salazar (2016) 63 Cal.4th 214, 242). " " (Nguyen, at p. Montoya, who was the last person to enter Baca's motel room, entered the room at 9:08 p.m. Less than a minute after defendant closed the door, defendant and Baca left the room and fled the area in Montoya's car. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. . Beginning on May 1, 2019, Archuleta testified as a prosecution witness. SACRAMENTO (CBS13) - The two accused in the 2017 killing of a woman at a Sacramento motel have been convicted of murder. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. Critics. Felony-murder liability did not "require an intent to kill, or even implied malice, but merely an intent to commit the underlying felony. Haslam appears to have been released since the show was filmed, as she wrote on her Instagram in October, Im finally free.. Then I left. In March 2017 he carried a .45 caliber handgun. 617.) 79-80; see also Williams v. Garcetti (1993) 5 Cal.4th 561, 567-568.) While there was no evidence that defendant supplied Baca with the gun used to shoot Montoya, the evidence showed that she knew Baca carried a gun and was willing to kill Montoya, as he had recently displayed a gun and assured her that he would kill Montoya if she wanted him to do so. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). 190, subd. Defendant had notice as to the proscribed conduct and potential punishment." This timely appeal followed. Necessary cookies are absolutely essential for the website to function properly. 1437, which went into effect on January 1, 2019 (2017-2018 Reg. "Felony murder and premeditated murder are not distinct crimes, and need not be separately pleaded." [] '(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. After a joint trial, a jury found defendant, who was not the shooter, guilty of two counts of robbery (Pen. (Maynard v. Cartwright (1988) 486 U.S. 356, 361.). According to Archuleta, defendant did not seem surprised by Baca's actions. 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 defendant's direction, Montoya eventually drove the group to Baca's motel room at the Surf Motel in Sacramento. (People v. Nakahara (2003) 30 Cal.4th 705, 712.). Jailbirds captured the hearts of Netflix viewers with an in-depth look into the inner workings of the Sacramento County Jail, and a wild cliffhanger after its release on May 10. Section 1202.4, subdivision (d) expressly provides, "[a] separate hearing for the fine shall not be required." Duarte, J. " (People v. Edwards (2013) 57 Cal.4th 658, 715. She was ultimately charged with "possession of a stolen vehicle, unlawful use of personal identifying information and violation probation," according to People. 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. . (People v. Rodriguez (2012) 207 Cal.App.4th 1540, 1543, fn. (a)(17)(A)). Thus, while the robbery would take some time to complete, "the period of interaction between perpetrators and victims was designed to be limited." In the other incident, he was shot in the ankle. (Andreasen, supra, 214 Cal.App.4th p. 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. Is California a better place to live? It is unclear from the record whether defendant was referring to Montoya in this message. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) The plan was for one man, Ervin, to enter the store around closing time with a gun, which was "apparently [supposed] to be unloaded," and handcuff the remaining employees in the restroom so no one could call the police. 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. "And that's like what I'm nervous about.". ), 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]. vioptional2: '', at p. 1170). Defendant was prosecuted for first degree murder under two theories: premeditated and deliberate murder as an aider and abettor and felony-murder as an aider and abettor of an armed robbery. Rebecca 'Baby Girl' Temme. Like, I'll never forget the look she gave me.". I cant really discuss it because Im still fighting it. Defendant's intent to take the property must have been formed before or during the time she used force or fear. BG_Color: '#f78da7', Defendant was at the scene of the crime and had the opportunity and apparent ability, given her comment about Archuleta, to stop Baca prior to the fatal shooting. Language: 'en-us', Its a just and proper sentence, Sacramento Superior Court Judge Ernest Sawtelle said during the sentencing. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. Like Ill never forget the look she gave me. Would love your thoughts, please comment. (People v. Bryant (2013) 56 Cal.4th 959, 965. Copyright 2023 Heavy, Inc. All rights reserved. Defendant went by the nickname "Baby Girl.". The defendants also demanded Ms. Montoyas car keys. 15, 3040, subd. At 11:27 p.m., Baca sent a text message to someone using the name "Los Cervantes" indicating that he needed help "really bad." (Clark, supra, 63 Cal.4th at pp. ", 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. [Citation.]" (CALCRIM No. w=o?i.parent:i, 620. [Citation.] ( 189, subd. "[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." She just made some f---ed up decisions," Rebecca recalls. The day before the shooting, defendant and Montoya got into a "heated" argument. Such a factor does not, in itself, necessarily preclude a finding of reckless indifference to human life. "Temme's criminal history includes convictions for battery upon a peace officer while in custody; aggravated battery while in custody; felony evading a peace officer; and felony vehicle theft," according to the report. Im not that dumb.. (Id. A firearms expert determined that the casing and the bullet that killed Montoya had been fired from the gun found when Baca and defendant were apprehended. Beason also acknowledged how her prison time has negatively affected her marriage, causing a strain both financially and emotionally. The evidence also showed that defendant was in a position to facilitate or prevent Montoya's murder; she was present in the motel room when Baca pulled out a gun and demanded the women's cell phones. document.write(" Melatonin Dosage For Ice Pick Headaches Torsemide, Greg Jennings Real Name, Is Carmen Cusack Related To John Cusack, Another Name For Skinwalker, Ronald Taylor Jr Obituary, Articles R