Foster

People v. Foster

Good Law
111 Cal. App. 4th 379·2003 Cal. App. LEXIS 1249·2003 Daily Journal DAR 9251·3 Cal. Rptr. 3d 535·2003 Cal. Daily Op. Serv. 7401
Court of Appeal of CaliforniaAugust 15, 2003B162003California2,645 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Defendant and appellant Wilfort Foster appeals from a judgment sentencing him to a term of two years in prison after a jury found him guilty of burglary and grand theft. Defendant contends on appeal that (1) tiie prosecutor committed misconduct during his cross-examination of defendant by repeatedly asking defendant whether other witnesses had lied during their testimony, and (2) defendant’s trial counsel rendered ineffective assistance by failing to object to those questions by the prosecutor. Although there are competing lines of cases regarding whether such questions are improper, we do not need to resolve that issue because we hold that defendant failed to show that his counsel rendered ineffective assistance and that defendant suffered prejudice. Accordingly, we affirm the judgment.

BACKGROUND

Exide Technologies (Exide), a company that manufactures and sells batteries for transportation and industrial purposes, has a distribution center in the City of Industry, California. The distribution center consists of offices and a warehouse surrounded by a fence. The warehouse has a long row of loading docks to facilitate the loading of batteries onto trucks.…

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