People v. Banks CA2/8

Filed 1/22/25 P. v. Banks CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B332966

Plaintiff and Respondent, Los Angeles County Super. Ct. No. YA081449 v.

JEREMIAH BANKS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eric C. Taylor, Judge. Affirmed. Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, and Nicholas Webster and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent. ____________________ After a jury convicted Jeremiah Banks of two counts of robbery and evading an officer, the trial court sentenced him to

18 years and four months, including enhancements for a serious prior felony and prior prison term. About twelve years into Banks’s sentence, the Secretary of the California Department of Corrections and Rehabilitation (the Secretary) recommended that the trial court recall Banks’s sentence and resentence him under what is now Penal Code section 1172.1. The trial court held a hearing and determined Banks’s sentence remained appropriate. We affirm. Undesignated citations are to the Penal Code. I Daisy Sahagun left work at McDonald’s to get change from a bank. When she returned to the McDonald’s parking lot, a light gray or blue Ford Escape pulled up behind, blocking her. A man approached holding a gun and said, “Don’t make things harder.” Sahagun gave him her purse, and the man got back in his car and drove away. Sahagun later identified a pair of Banks’s sunglasses as the glasses the robber wore. About a week later, building manager Ricardo Monreal left his building and went to the bank to deposit the rent money he had collected. When Monreal returned to the building, a Black man approached him wearing sunglasses and a hat. The man demanded Monreal give him his briefcase. Monreal said he had no money. The man tried to pull the briefcase away. When the man said he had a gun, Monreal let go of the briefcase. The man got into a light blue or gray Ford SUV and left. A passerby who witnessed the incident picked Banks out from a six-pack of photos. Monreal called 911, and the police dispatch sent an alert about a gray SUV without plates around the location of the robbery. Officer Matthew Concannon saw an SUV and driver matching the description. Concannon followed the SUV. When