PEOPLE v.TIMOTHY LAMB
PEOPLE v.TIMOTHY LAMB
02:10:2006
P v.TIMOTHY LAMB
Filed 1/31/06
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Amador)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
TIMOTHY LAMB,
Defendant and Appellant.
C046556
(Super. Ct. No. 02CR2234)
APPEAL from a judgment of the Superior Court of Amador County, Don F. Howard, Judge. Affirmed.
Marcia C. Levine, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Ward A. Campbell, Supervising Deputy Attorney General, and Patrick J. Whalen, Deputy Attorney General, for Plaintiff and Respondent.
After taking pain medication and drinking enough beer and tequila to register a 0.22 percent blood alcohol content, defendant Timothy Lamb drove his truck down a two-lane road at speeds nearly twice the posted speed limit. He lost control of his vehicle, crossed the center line, hit one car and injured its driver, then hit a second car and killed its driver.
A jury acquitted defendant of murder (Pen. Code, § 187, subd. (a)--count 1; unspecified statutory references that follow are to the Penal Code) and found untrue allegations that the driver of the first car suffered great bodily injury (§ 12022.7, subd. (a)). However, the jury convicted defendant of gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)--count 2), driving under the influence (DUI) causing injury (Veh. Code, § 23153, subd. (a)--count 3), and causing injury by driving with a blood alcohol level of more than 0.08 percent (§ 23153, subd. (b)--count 4). The jury also found true various charged enhancements, including that defendant personally inflicted death on one person (§ 12022.7, subd. (a)), injured more than one victim (Veh. Code, § 23558), and had a blood alcohol level of at least 0.20 percent (Veh. Code, § 23578). The trial court found true defendant's two prior DUI convictions.
Sentenced to an aggregate prison term of 17 years to life, defendant appeals, asserting that (1) the court erroneously concluded that defense counsel failed to disclose evidence as required under the discovery statutes and then abused its discretion in imposing sanctions for that violation, (2) the court was biased against him, (3) cumulative error compels reversal, and (4) his convictions on counts 3 and 4 must be reversed because they are necessarily included offenses of count 2. We affirm the judgment.
Facts and Proceedings
At approximately 10:30 p.m., Amador County Sheriff's Officer Jeff Milbourne was driving southbound on New York Ranch Road at less than the posted 35 miles per hour speed limit. As he approached a bend in the road, he noticed a truck speeding in the opposite direction; Milbourne estimated the truck was traveling at 65-70 miles per hour. The truck crossed the center line and Milbourne jerked his car to the right to avoid a collision. As he looked in his rear view mirror, he saw that the truck had collided with the car that had been behind him. The truck went on to hit a second car, killing its driver.
The driver of the first car, Mary Abello, described driving behind the sheriff's car and seeing the oncoming truck, which was â€
02:10:2006
Filed 1/31/06
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Amador)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
TIMOTHY LAMB,
Defendant and Appellant.
C046556
(Super. Ct. No. 02CR2234)
APPEAL from a judgment of the Superior Court of Amador County, Don F. Howard, Judge. Affirmed.
Marcia C. Levine, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Ward A. Campbell, Supervising Deputy Attorney General, and Patrick J. Whalen, Deputy Attorney General, for Plaintiff and Respondent.
After taking pain medication and drinking enough beer and tequila to register a 0.22 percent blood alcohol content, defendant Timothy Lamb drove his truck down a two-lane road at speeds nearly twice the posted speed limit. He lost control of his vehicle, crossed the center line, hit one car and injured its driver, then hit a second car and killed its driver.
A jury acquitted defendant of murder (Pen. Code, § 187, subd. (a)--count 1; unspecified statutory references that follow are to the Penal Code) and found untrue allegations that the driver of the first car suffered great bodily injury (§ 12022.7, subd. (a)). However, the jury convicted defendant of gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)--count 2), driving under the influence (DUI) causing injury (Veh. Code, § 23153, subd. (a)--count 3), and causing injury by driving with a blood alcohol level of more than 0.08 percent (§ 23153, subd. (b)--count 4). The jury also found true various charged enhancements, including that defendant personally inflicted death on one person (§ 12022.7, subd. (a)), injured more than one victim (Veh. Code, § 23558), and had a blood alcohol level of at least 0.20 percent (Veh. Code, § 23578). The trial court found true defendant's two prior DUI convictions.
Sentenced to an aggregate prison term of 17 years to life, defendant appeals, asserting that (1) the court erroneously concluded that defense counsel failed to disclose evidence as required under the discovery statutes and then abused its discretion in imposing sanctions for that violation, (2) the court was biased against him, (3) cumulative error compels reversal, and (4) his convictions on counts 3 and 4 must be reversed because they are necessarily included offenses of count 2. We affirm the judgment.
Facts and Proceedings
At approximately 10:30 p.m., Amador County Sheriff's Officer Jeff Milbourne was driving southbound on New York Ranch Road at less than the posted 35 miles per hour speed limit. As he approached a bend in the road, he noticed a truck speeding in the opposite direction; Milbourne estimated the truck was traveling at 65-70 miles per hour. The truck crossed the center line and Milbourne jerked his car to the right to avoid a collision. As he looked in his rear view mirror, he saw that the truck had collided with the car that had been behind him. The truck went on to hit a second car, killing its driver.
The driver of the first car, Mary Abello, described driving behind the sheriff's car and seeing the oncoming truck, which was â€
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