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Filed 10/20/14 P. v. Banks CA3

NOT TO BE PUBLISHED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 This opinion has not been certified for publication 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)

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THE PEOPLE,

Plaintiff and Respondent,

v.

RICKEY ALLEN BANKS,

Defendant and Appellant.

C075354

(Super. Ct. No. 12F06380)

This case comes to us pursuant to the provisions of People v. Wende (1979) 

25 Cal.3d 436 (Wende), which requires us to review the entire record on appeal to 

determine whether there are any issues that arguably might benefit defendant Rickey 

Allen Banks. 

We provide the following description of the facts and procedural history of the 

case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
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In 2012, the 14-year-old daughter of defendant’s live-in girlfriend reported that 

defendant repeatedly raped her, starting when she was 11 years old. The minor victim 

also was pregnant; she believed the child was her boyfriend’s but testing revealed the 

child to be defendant’s. The victim terminated her pregnancy. 

Defendant was arrested and charged with continuous sexual abuse of a child (Pen. 

Code, § 288.5, subd. (a)),1 rape (§ 261, subd. (a)(2)), unlawful sexual intercourse with a 

person under the age of 16 resulting in the infliction of great bodily injury (§§ 261.5, 

subd. (d), 12022.7, subd. (a)), and two counts of committing lewd and lascivious acts on 

a child of 14 to 15 years by a person at least 10 years older (§ 288, subd. (c)(1)). The 

People further alleged defendant was previously convicted of a strike offense. (§§ 667, 

subds. (b)-(d), 1170.12.) 

Defendant pleaded no contest to continuous sexual abuse of a child (§ 288.5, subd. 

(a)) and admitted he was previously convicted of second degree robbery with use of a 

firearm (§§ 211, 12022.5), a strike offense. In exchange for his plea, the People agreed to 

a stipulated state prison term of 12 years. The People also agreed they would move to 

dismiss the remaining charges. 

The trial court sentenced defendant in accordance with his plea agreement. The 

court also awarded defendant a total of 447 days of presentence custody credit and 

ordered him to pay various fines and fees. Defendant appeals; his request for a certificate 

of probable cause was denied. 

Appointed counsel for defendant has filed an opening brief and declares that she 

has read the entire record on appeal and has written to defendant informing him of her 

intent to file a Wende brief. Counsel states she has sent defendant the record on appeal 

and a copy of the Wende brief, and informed him of his right to file a supplemental brief 

 

1 Undesignated statutory references are to the Penal Code.
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within 30 days. Defendant made two requests for extensions of time to file a 

supplemental brief. Defendant was granted extensions to July 24, 2014. More than 30 

days have elapsed since the July due date and we have received no further 

communication from defendant. Counsel requests that, pursuant to Wende, supra, 

25 Cal.3d 436, we review the appellate record to determine if there are any arguable 

issues that might benefit defendant.

We have thoroughly reviewed the entire record on appeal and have found no 

arguable issues that might result in a more favorable disposition to defendant.

DISPOSITION

The judgment is affirmed.

 BUTZ , J.

We concur:

 BLEASE , Acting P. J.

 MAURO , J.