P. v. Lam
On August 27, 2003, a seven-count indictment was filed against Ryan Ducut, Diem Lam, and Tai Tran. Ducut was charged with three counts of selling, distributing, or transporting a controlled substance (Health & Saf. Code, 11379, subd. (a)), three counts of possessing a controlled substance for sale (Health & Saf. Code, 11378), and one count of conspiring with Lam and Tran to sell, distribute and transport a controlled substance. (Pen. Code, 182, subd. (a)(1).) Tran and Lam were each charged with one count of conspiracy, one count of transportation of a controlled substance, and one count of possession for sale of a controlled substance.
On May 4, 2005, after a joint trial, the defendants were found guilty by jury on all charged counts. The trial court admitted Lam and Tran to probation for a period of three years, and ordered them to serve 180 days in county jail. Ducut was sentenced to four years in state prison.
On appeal, Tran argues that the trial court erred in refusing to allow him to impeach a key prosecution witness with evidence of three prior misdemeanor convictions. He also claims that the court erred in refusing to give CALJIC No. 2.28, and that cumulative errors justify reversal. Ducut and Lam have filed appeals pursuant to People v. Wende (1979) 25 Cal.3d 436. Court affirm.
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