People v. Lander CA5

Filed 4/8/15 P. v. Lander CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067365

v. (Super. Ct. No. BF145621A)

MICHAEL ANTHONY LANDER, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Kern County. Thomas S. Clark, Judge. Jennifer A. Mannix, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Levy, Acting P.J., Kane, J., and Smith, J.

A jury convicted appellant, Michael Anthony Lander, of second degree burglary (Pen. Code, § 460, subd. (b)) and petty theft (Pen. Code, § 488). On May 28, 2013, the court sentenced Lander to a three-year local term. On appeal Lander contends the court abused its discretion and denied him certain constitutional rights when it denied his request to recall a witness. Lander also asks this court to review the sealed transcript of an in camera hearing to determine if the trial court erred in withholding documents the defense had subpoenaed. We affirm. FACTS At Lander’s trial, Tyler Work testified that he was employed as an Asset Protection Specialist at a Target store in Kern County. As part of his duties he monitored from his office over 150 cameras that are located inside and outside of the store in order to locate people attempting to steal from Target and to apprehend them. Sometimes Work also walked the floor. On December 7, 2012, at approximately 9:25 p.m., he was viewing cameras in his office when he saw Lander whom he recognized from having seen him in the store on at least 15 previous occasions. As Work watched Lander he saw him go to the electronics department and put a Blu-ray Player in his cart. Next Lander went to where the televisions were located and placed a 37-inch flat screen television in his cart. Lander then took the cart to a fire exit and left the store through the exit, triggering an alarm. A video camera outside the store showed Lander running from the Target store and a white vehicle driving off in the same direction as Lander. After Work testified and was cross-examined by the defense, he was excused subject to being recalled. After a break, defense counsel asked the court for permission to recall Work in order to cross-examine him with personnel records he received from Target regarding a reprimand Work received for an incident on December 4, 2012. According to defense counsel’s offer of proof, on that date, while following a theft