People v. Banks CA3

Filed 10/20/14 P. v. Banks CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075354

Plaintiff and Respondent, (Super. Ct. No. 12F06380)

v.

RICKEY ALLEN BANKS,

Defendant and Appellant.

This case comes to us pursuant to the provisions of People v. Wende (1979) 25 Cal.3d 436 (Wende), which requires us to review the entire record on appeal to determine whether there are any issues that arguably might benefit defendant Rickey Allen Banks.

We provide the following description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

In 2012, the 14-year-old daughter of defendant’s live-in girlfriend reported that defendant repeatedly raped her, starting when she was 11 years old. The minor victim also was pregnant; she believed the child was her boyfriend’s but testing revealed the child to be defendant’s. The victim terminated her pregnancy.

Defendant was arrested and charged with continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)),1 rape (§ 261, subd. (a)(2)), unlawful sexual intercourse with a person under the age of 16 resulting in the infliction of great bodily injury (§§ 261.5, subd. (d), 12022.7, subd. (a)), and two counts of committing lewd and lascivious acts on a child of 14 to 15 years by a person at least 10 years older (§ 288, subd. (c)(1)). The People further alleged defendant was previously convicted of a strike offense. (§§ 667, subds. (b)-(d), 1170.12.)

Defendant pleaded no contest to continuous sexual abuse of a child (§ 288.5, subd. (a)) and admitted he was previously convicted of second degree robbery with use of a firearm (§§ 211, 12022.5), a strike offense. In exchange for his plea, the People agreed to a stipulated state prison term of 12 years. The People also agreed they would move to dismiss the remaining charges.