People v. Banks

Opinion

POCHÉ, J.

Appellant, Maurice Eugene Banks, and Jose Jaloma Vieyra were jointly charged with the murder of David Kennemore (Pen. Code, § 187) 2 with a special circumstance allegation that it was committed while each was engaged in or was an accomplice to the commission or attempted commission of a burglary (§ 190.2, subd. (a)(17)(vii)). It was further alleged that during the commission of the murder: each had personally used a deadly weapon (a knife) (§ 12022, subd. (b)) and each had inflicted great bodily injury on the victim (§ 1203.075). Prior to trial, the People’s motion to sever…