People v. Bailey-Banks CA5

INTRODUCTION

Appellants/defendants Larry Bailey-Banks (Bailey)1 and Rayshaun Dupree Brown (Brown) were charged with multiple felonies and gang enhancements based on the burglary and robbery of a woman in her apartment. A third suspect, Andrew Smith, was also implicated. The People’s theory was that Bailey drove Brown and Smith to the apartment complex, and Brown and Smith broke into the apartment and robbed the victim. Bailey and Brown were tried together, and they were convicted of burglary, robbery and other offenses. Bailey was sentenced to 26 years to life plus 20 years, and Brown was sentenced to 16 years. Prior to the joint trial, Smith pleaded no contest to burglary and was sentenced to nine years; he did not testify against Bailey or Banks. Appellate issues Bailey and Brown filed separate appeals and briefs, and did not request to join the issues raised by the other defendant. Their cases will be administratively consolidated. Brown raises only one issue – that the prosecutor committed prejudicial misconduct during closing rebuttal argument by improperly vouching for the strength of the People’s case. Bailey joins in this issue. Bailey separately raises several issues…