People v. Banks CA2/8

Filed 12/12/25 P. v. Banks CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B342620

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA057015-01) v.

RODNEY BANKS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed.

David Andreasen, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review an order denying Rodney Banks’s petition for resentencing filed under Penal Code1 section 1172.6. We affirm. On April 13, 2001, a jury found Banks guilty of multiple offenses, including premeditated and deliberate attempted murder in violation of sections 664 and 187, subdivision (a). The jury also found true that in committing the offense Banks personally used a deadly weapon, a knife, in violation of section 12022, subdivision (b)(1). On May 14, 2001, Banks was sentenced to life plus 10 years eight months in prison. This sentence consisted of life in prison for the attempted murder, one year for the deadly weapon enhancement, and nine years eight months for the other offenses. We affirmed the judgment of conviction. (People v. Banks (June 14, 2002, B150656) [nonpub. opn.].) On April 12, 2024, Banks filed a form petition for resentencing pursuant to section 1172.6. The trial court appointed counsel on his behalf. The People filed a written response with the jury instructions and verdicts attached as exhibits. They argued Banks was ineligible for relief because the jury was not instructed on the natural and probable consequences doctrine; he was prosecuted and convicted as the actual perpetrator who harbored actual malice. On November 12, 2024, the trial court found Banks had failed to state a prima facie case for relief and the court denied the petition. Banks filed a timely notice of appeal.