People v. Banks CA3

Filed 5/19/23 P. v. Banks CA3 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C093571

Plaintiff and Respondent, (Super. Ct. No. 98F10219)

v. OPINION ON TRANSFER

ROBBIE BANKS,

Defendant and Appellant.

Appointed counsel filed an opening brief that requested this court review the record and determine whether there are any arguable issues on appeal under People v. Wende (1979) 25 Cal.3d 436. After defendant did not file a supplemental brief, we dismissed her appeal as abandoned in our original opinion filed December 7, 2021. Defendant petitioned our Supreme Court for review; that court has now directed us to reconsider the matter in light of People v. Delgadillo (2022) 14 Cal.5th 216, which, in

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part, requires consideration of any arguments raised by defendants in supplemental briefing. After this case was transferred from our Supreme Court, defendant filed a supplemental brief. Finding none of the issues raised in her brief cognizable, we shall affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND In 2001, a jury found defendant Robbie Banks guilty of second degree murder and found true she personally used a knife and had a prior serious felony. On June 1, 2001, the trial court sentenced defendant to 30 years to life for the murder, one year for the weapon enhancement, and five years for the prior serious felony, for a total term of 30 years to life plus six years. On March 6, 2020, defendant filed a petition for resentencing under Penal Code1 section 1172.6,2 alleging she is eligible for resentencing because she was not the actual killer. After briefing by the parties, the trial court denied the petition finding the “jury was not instructed on either felony-murder or the natural and probable consequences doctrine of accomplice liability.” Defendant appealed and we dismissed the appeal as abandoned. (People v. Banks (Dec. 7, 2021, C093571) [nonpub. opn.].) After our Supreme Court vacated our opinion in light of Delgadillo, we sent defendant a letter on March 30, 2023, notifying her: (1) counsel had filed a brief indicating no arguable issues had been identified by counsel; (2) as a case arising from an order denying postconviction relief, defendant was not entitled