People v. Tobin CA3

Filed 7/19/24 P. v. Tobin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C099380

Plaintiff and Respondent, (Super. Ct. No. 22FE012107)

v.

KEMONI ELIJAH TOBIN,

Defendant and Appellant.

A jury found defendant Kemoni Elijah Tobin guilty of pimping and pandering but not guilty of human trafficking. The trial court sentenced defendant to four years in prison and required him to register as a sex offender. On appeal, defendant argues, and the People properly concede, that the trial court failed to make the requisite findings to support its order requiring defendant to register as a sex offender. We will remand to allow the trial court to make the requisite findings on the record or to eliminate the registration requirement.

1

BACKGROUND The amended information charged defendant with human trafficking, pimping, and pandering. (Pen. Code, §§ 236.1, subd. (b), 266h, subd. (a), 266i, subd. (a)(2).)1 It also alleged a host of circumstances in aggravation which are not relevant to the disposition of this appeal. The victim testified that she met defendant through a social media platform. She was 25 years old at the time. Defendant operated under the moniker “Mo Money.” The victim was in dire financial straits and defendant told her that he could help her out financially. When the victim met defendant in person, she knew the proposal might involve prostitution. When they met, defendant told her she could “bust dates” (have sex for money) and he would protect her. This was not a new idea for her as the victim had engaged in prostitution when she was 19 years old. In exchange for his protection, defendant would take 50 percent of the money she made. The victim agreed. A couple of hours after their first meeting, the two went back to her home and defendant put the victim’s clothes and makeup together and took her to a place called “the blade” where prostitutes “walk around on the sidewalk and ask people that are driving in their cars if they want to partake” in prostitution. Defendant told the victim to keep her head down and only to talk to customers in passing cars. The victim reported that one time while she was walking on the street a man pulled a knife on her and threatened to stab her. The victim worked her first night on the street until approximately 5:00 a.m. She slept about two hours before reporting for an eight-hour shift at her regular job. After work at her regular job, she returned to the streets. She testified she worked the streets