The People v. Lam CA3

Filed 10/2/13 P. v. Lam CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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) ----

THE PEOPLE,

Plaintiff and Respondent, C071842

v. (Super. Ct. No. 12F00229)

TIMOTHY LAM,

Defendant and Appellant.

Appointed counsel for defendant Timothy Lam asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant filed a supplemental brief1 contending (1) his trial counsel rendered ineffective assistance during plea negotiations, (2) his appellate counsel rendered ineffective assistance, (3) the prosecutor suborned perjury and knew a

1 Defendant’s request to dismiss his appointed appellate counsel was denied.

1

witness was going to lie, and (4) the prosecutor vouched for the credibility of a witness the prosecutor knew to be untruthful and failed to correct the witness’s statement. We conclude none of defendant’s contentions has merit. FACTS Prosecution Case-in-Chief On December 28, 2011, Jason Wheeler was staying at the apartment of his friend Steve Buckley. During the stay, Buckley borrowed Wheeler’s white pickup truck to run an errand. At 5:00 a.m. the next day, Wheeler began getting ready for work. Around 5:30 a.m., two friends of Buckley -- defendant and a woman named Melia -- arrived at the apartment. Melia proceeded to Buckley’s bedroom and closed the door while defendant and Wheeler remained in the living room. After a few minutes, defendant left to go to a store. While defendant was away, Wheeler asked Buckley for the keys to Wheeler’s truck. Buckley said they were in the front room. Wheeler searched the front room and kitchen but did not find the keys. Defendant returned during the search and denied having the keys. Wheeler heard the clinking of his keys and saw Melia shove an object down the front of her pants. Believing Buckley and Melia were playing a joke on him, Wheeler proceeded to the bathroom and started cleaning his teeth. While in the bathroom, Wheeler heard the sound of his truck moving and ran outside. Wheeler testified that the sun “wasn’t out yet,” but “[i]t was coming up.” The day was clear and the skies were blue. In the available light, Wheeler saw defendant backing the truck out of the apartment complex. Wheeler also saw Melia, who was sitting in her own car on the street