P. v. Banks
Filed 3/14/13 P. v. Banks CA1/3
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opinion has not been certified for publication or ordered published for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
FIRST
APPELLATE DISTRICT
DIVISION
THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
JOSEPH
ALLEN BANKS,
Defendant and Appellant.
A136638
(Solano
County Super.
Ct. Nos.
FCR272161, FCR276735, FCR289229)
Joseph Allen Banks appeals from a judgment and sentence to
determination that he violated probation in three cases for his failure to obey
all laws. His court-appointed
counsel has filed a brief requesting our
review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, in
order to determine whether there are any arguable
grounds for appeal. We conclude there
are no issues that warrant review and affirm.
BACKGROUND
At the time of his arrest on the charges
leading to his revocation of probation and sentence to prison, Banks was on
probation in three cases in
County as a result of no contest pleas entered to two charges in 2010, and
another in 2012. In case no. 272161, he
entered a no contest plea to a single felony count of false imprisonment in
violation of Penal Code section 236. Other
charges were dismissed. In case no.
276735, he entered a no contest plea to a single count of possession of a
controlled substance in violation of Health and Safety Code section 11377,
subdivision (a). Again, all other
charges were dismissed. His guilty pleas
and waiver of rights in each case appear to have been knowledgeable and
voluntary, and there was a factual basis for each plea. In each case the court suspended imposition
of sentence when it ordered Banks to formal probation.
In case no. 289229, Banks entered a no
contest plea to a single count of possession of a firearm by a person
previously convicted of a felony in violation of Penal Code section 12021,
subdivision (a)(1). Other charges were
dismissed. The plea also served as a
basis for Banks’s admission to the revocation of probation in the two previous
cases. His guilty plea and waiver of
rights appear to have been knowledgeable and voluntary, and there was a factual
basis for the plea. The court again
ordered Banks to formal probation with imposition of sentence suspended. His probation was reinstated in case nos.
272161 and 276735.
Then, on April 18, 2012, a citizen driving along an Antioch street saw Banks punch
a girl pushing a baby in a stroller five or six times on the right side of her
head. A city bus driver also saw Banks
grab the woman by the arm and force her across the street. The bus driver’s observation was also
captured on a bus security camera. Banks
was charged with violating probation in each of the three cases and, following
a contested hearing, was found to have violated his probation for his failure
to obey all laws.
The court imposed a prison sentence in
each of the three cases. In case no.
289229, the court imposed the middle term sentence of two years. In case no. 276735, the court imposed an
eight-month consecutive sentence consisting of one-third of the middle term
sentence. In case no. 272161, the court
also imposed an eight-month consecutive sentence, for a total prison term of
three years and four months. The court
properly awarded Banks presentence credits in light of his time in custody and
waiver in one of the cases, and imposed restitution and parole revocation
restitution fines.
DISCUSSION
This
court has reviewed the entire record on appeal.
His counsel advises us that Banks has been informed of his right to file
a supplemental brief. He has not done so. There are no issues that require further
briefing.
>
The
judgment is affirmed.
_________________________
Siggins,
J.
We concur:
_________________________
McGuiness,
P.J.
_________________________
Jenkins, J.
