Banner

Upon the court’s own motion the petition for writ of habeas corpus in In re Damin Keith Banner III (No. F015946) was ordered consolidated with the appeal of People v. Damin Keith Banner III (No. FO14642) on June 26, 1991.

Appellant Damin Keith Banner III was charged with second degree robbery in violation of Penal Code section 212.5, subdivision (b) in count I. It was further alleged appellant used a knife in the commission of the offense in violation of section 12022, subdivision (b). Appellant’s two prior felony convictions were alleged alternatively pursuant to section 667, subdivision (a), and section 667.5, subdivision (b).

Appellant was also charged with being under the influence of a controlled substance in violation of Health and Safety Code section 11550 in count II and possession of narcotics paraphernalia in violation of Health and Safety Code section 11364 in count III. Counts II and III are misdemeanors. Trial on the prior felony convictions was bifurcated pending the jury’s verdict with respect to count I.

On July 19, 1990, the jury found appellant guilty as charged in counts I, II, and III. The allegation regarding use of a knife was also found to be…