Baca and Temme also allegedly demanded a woman's car keys. June 28, 2019 / 4:36 PM at p. On March 19, 2017, the defendants met the victims in the North Sacramento area and drove to the Surf Motel for a tattoo. , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing"].). Necessary cookies are absolutely essential for the website to function properly. They were apprehended shortly thereafter. How close will snow get to Sacramento this time? Here, there is no question that defendant's crimes were serious and grave. 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. 618. 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. Theyre like, Oh my God! 15, 3097, subd. Later that day, Montoya drove Archuleta and her friend Ikon to a gas station to meet up with defendant and Baca. On appeal, defendant contends her murder conviction and one of her robbery convictions must be reversed for insufficient evidence. To the extent she argues a separate hearing on her ability to pay the restitution fine was required, we disagree. 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. A loaded firearm magazine was found on Baca's person and a loaded handgun was found along the route Baca had taken while fleeing on foot. In making this request, counsel noted that defendant had recently been released from prison and her future prison earnings would not be enough to pay a $10,000 fine during her term of incarceration. 15, 3041.2, subd. 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. (Super. . [Citation.] . scr.src=source, The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". at p. 1172) because the prohibition "punishes indigent defendants in a way that it does not punish wealthy defendants" (id. AdUnitType: '2', Yasmin Sundermeyer is still in prison, though she's now booked for "escape from custody," according to Baller Alert. PublisherID: '295095078288711', Defendant also said that she loved Baca and that Archuleta was only alive because she had instructed Baca not to harm her. 79.) This requires more than the foreseeable risk of death inherent in any armed crime. She further contends the trial court erred in imposing the maximum restitution fine of $ 10,000. Defendant contends her convictions for the murder of Montoya and the robbery of Archuleta must be reversed for insufficient evidence. He claimed that as applied to the actual perpetrator of the killing, the felony-murder offense ( 189, subd. when the court can determine from the record that the verdict rested on a theory which is supported by sufficient evidence.' " (Clark, supra, 63 Cal.4th at p. 611, quoting Banks, supra, 61 Cal.4th at p. (People v. Cooper (1991) 53 Cal.3d 1158, 1161.). 2019 CBS Broadcasting Inc. All Rights Reserved. '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 incident happened back in March 2017. The court further concluded, "The mere fact that the prosecution has discretion to select which punishment it will seek does not render a statute unconstitutionally vague or create an improper risk of arbitrary enforcement of a criminal statute." Applying the relevant factors identified by our Supreme Court, a rational jury could have reasonably concluded that defendant was a major participant in the robbery. notice: mugshots.com is a news organization. I hope she haunts you. On 07/20/2017 The People of the State of California filed an Other lawsuit against Rebecca Irene Temme. Defendant was in the area during the robbery, orchestrating the second wave of the burglary after Ervin secured the store, but defendant was not in the immediate area where Ervin shot [the victim]." 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 . Rebecca and her accomplice, James. It does not store any personal data. Sacramento County District Attorney's Office. The trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. Code, 211) and first degree murder ( 187, subd. "A reversal for insufficient evidence 'is unwarranted unless it appears "that upon no hypothesis whatever is there sufficient substantial evidence to support" ' the jury's verdict." When Baca turned and looked at Archuleta, she gave him all the money she had. 1437 rendered the felony-murder special circumstance enhancement unconstitutionally vague as to aiders and abettors. (People v. Potts (2019) 6 Cal.5th 1012, 1055-1057 (Potts).) We're first introduced to her by way of Sergeant Hernandez, who declares they've found .01 grams of heroin after doing a shakedown of her cell. (a)(17), (d).) Under these circumstances, the brief duration does not weigh in favor of defendant and is arguably irrelevant. In the former situation, once he determines that the proof will support conviction under either statute, his decision is indistinguishable from the one he faces in the latter context. The cookie is used to store the user consent for the cookies in the category "Analytics". Malice shall not be imputed to a person based solely on his or her participation in a crime.' (DeFrance, supra, 167 Cal.App.4th at pp. ( 190.2, subd. " 'Whether a person has aided and abetted in the commission of a crime ordinarily is a question of fact. (Id. "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. "; and (5) " 'What did the defendant do after lethal force was used?' (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 . Because we have rejected defendant's arguments on the merits, we do not reach the People's forfeiture argument. But overall, the evidence was insufficient to show that the duration of the felony under these circumstances supported the conclusion that defendant exhibited a reckless indifference to human life." 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. Defendant's initial contention that the trial court "fail[ed] to hold an ability to pay hearing" is confusing. Shes since been booked on five felonies, TMZ reports, and is being held in Sacramento County Jail, where she was filmed forJailbirdsto begin with. In May 2019 a jury found her guilty on all counts and found true the special circumstance allegation. ), 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. "She has some pretty identifiable tattoos so they recognized her automatically," Jason Jimenez an Elk Grove officer, explained to CBS Sacramento. var source = 'https://s.vi-serve.com/source.js', document.write(""); We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Murder ( 187, subd armed robbery, alone, does not punish wealthy ''. The People of the killing, the brief duration does not weigh in favor of defendant and Appellant 705... More than the foreseeable risk of violence range from $ 12 to $ 56 per month, depending the... The San Francisco Bay Area 's initial contention that the trial court failed to impose the mandatory operations! To impose sufficient evidence. court operations assessment and court facilities assessment the trial court `` fail [ ed to! `` murder is the unlawful killing of a crime ordinarily is a writer and editor for Starcasm and. Against Rebecca Irene Temme facilities assessment the trial court erred in imposing maximum... Of death inherent in any armed crime. for publication or ordered published for purposes of rule.. Required for first degree Felony murder murder: first Degree-Coparticipant allegedly Committed Fatal )... 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