People v. Banks CA5

STATEMENT OF THE CASE

An information filed on March 24, 2009, charged Banks with murder (§ 187; count one). The information further alleged that Banks personally used a knife in the commission of count one (§ 12022, subd. (b)(1)). On September 23, 2009, a jury found Banks guilty of first degree murder and found the knife use enhancement true. The trial court sentenced Banks to life pursuant to section 1170.2 and former section 190. In Banks’s prior appeal, this court affirmed the judgment. (See People v. Banks (Mar. 17, 2011, F058831) [nonpub. opn.].) On June 29, 2021, through counsel, Banks filed a motion for a Franklin3 evidence preservation hearing. There does not appear to have been a ruling on that motion.

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). Unlabeled statutory references are to the Penal Code. People v. Franklin (2016) 63 Cal.4th 261. The record on appeal does not include a ruling on the motion. However, a review of the Fresno County Superior Court’s online docket, which is available to the public, shows that on April 11, 2022, Banks filed a motion to…