People v. Banks CA4/1

Filed 3/10/26 P. v. Banks CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D085817

Plaintiff and Respondent, (Super. Ct. No. SCE427423) v.

KEIJAVARA BANKS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Patricia K. Cookson, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene Sevidal, Assistant Attorney General, Stephanie Chow and Elana Miller, Deputy Attorneys General, for Plaintiff and Respondent.

Keijavara Banks appeals from a judgment in which the jury found him

guilty of robbery in violation of Penal Code,1 section 211 (count 2) and false imprisonment in violation of sections 236 and 237, subdivision (a) (count 4), among other charges. The trial court sentenced Banks to five years on count 2 and a consecutive eight months on count 4. Banks contends that the trial court should have stayed the sentence for either count 2 or count 4 because, although he was convicted of two different offenses, his conduct that led to the convictions allegedly constituted a single indivisible course of conduct within the meaning of section 654, subdivision (a). We disagree with his contention and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A. The Charges In addition to counts 2 and 4, the People charged Banks with corporal injury upon a spouse or cohabitant as a repeat domestic violence offender (§ 273.5, subds. (a) & (f)(1); count 1); attempting to dissuade a witness from reporting a crime (§ 136.1, subd. (b)(1); count 3); child endangerment (§ 273a, subd. (b); count 5); resisting an officer during the performance of their duties (§ 148, subd. (a)(1); count 6); and battery of a spouse or a person with whom a defendant is cohabitating (§ 243, subd. (e)(1)). The People further alleged that Banks was previously convicted of two felony offenses (§ 1203, subd. (e)(4)) involving corporal injury to a spouse or cohabitant (§ 273.5, subd. (a)).