Filed 12/7/05 P. v. Hyson-Banks CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. TONJA JAUNICE HYSON-BANKS et al., Defendants and Appellants. | E037225 (Super.Ct.No. FWV 31834) OPINION |
APPEAL from the Superior Court of San Bernardino County. Joan M. Borba, Judge. Affirmed with directions.
Maureen J. Shanahan, under appointment by the Court of Appeal, for Defendant and Appellant Hyson-Banks.
Phillip I. Bronson, under appointment by the Court of Appeal, for Defendant and Appellant Ramsuer.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Garrett Beaumont, Senior Deputy Attorney General, and Ronald A. Jakob, Deputy Attorney General, for Plaintiff and Respondent.
1. Introduction[1]
Defendants appeal from their convictions involving a bank robbery.
Defendants were charged with second degree robbery (§ 211); second degree commercial burglary (§ 459); attempted second degree robbery (§§ 211 and 664); and conspiracy to commit robbery (§ 182, subd. (a)(1).) The information further alleged against defendant Ramsuer separately that he had suffered four previous felony convictions for which he had not remained free of prison custody for a period of five years subsequent to the conclusion of said terms.
After Ramsuer pleaded guilty, the court sentenced him to a total prison term of eight years. On appeal, Ramsuer challenges his sentence for conspiracy to commit robbery as violating section 654 against multiple punishment.
A jury convicted Hyson-Banks on all four counts. The court sentenced her to a total prison term of five years two months. Hyson-Banks argues there was prosecutorial misconduct and sentencing error.
We affirm the judgment except we order defendants' sentences for burglary stayed pursuant to section 654.
2. Facts[2]
Ramsuer robbed a branch office of U.S. Bank located inside a Vons grocery store in Upland while his sister and Hyson-Banks waited in the parking lot in the getaway car.
On the morning of the robbery, a woman called the Upland Vons store and asked if it had a bank branch office with windows. The woman claimed to be calling on behalf of a glass company authorized to repair the glass after a robbery. No robbery, however, had occurred at the bank. The caller also asked for directions to the store.
Soon after the call, Ramsuer, wearing sunglasses, white latex gloves, a white shirt, and a painter's hat, approached a teller and the assistant manager and demanded money. He placed a device on the counter that appeared to be a bomb.[3] The assistant manager triggered the silent alarm and called 911. In the meantime, the teller gave Ramsuer $2,500 he placed inside a paint pamphlet. Ramsuer demanded more money which he also placed in the pamphlet. One of the cash drawers was locked and the bank employees did not have the key. Ramsuer was frustrated there was not more money but he accepted the explanation that a supermarket bank keeps less cash. Before leaving, he commented, â€
