People v. Streams CA5

Filed 7/2/25 P. v. Streams CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088348 Plaintiff and Respondent, (Super. Ct. No. BF194541A) v.

KENYON STREAMS, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Ivan P. Marrs and Angelo S. Edralin, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

A jury convicted defendant and appellant Kenyon Streams of pandering, and the trial court imposed a sentence of three years imprisonment. On appeal, defendant contends only that the trial court unconstitutionally and reversibly erred by giving the jury an instruction that defined the term “procure” in a manner that was overly broad and contrary to its ordinary meaning. We affirm. BACKGROUND On April 28, 2023, an undercover Bakersfield police officer was working in an area of Bakersfield known for prostitution. The undercover officer noticed a silver SUV and a prostitute (B.S.) standing next to the SUV talking to the driver. The undercover officer observed that B.S. would stay near the SUV as she attempted to wave down passing cars. The undercover officer also noticed that the driver’s window was rolled down and the SUV did not move. After about 90 minutes, B.S. got into the SUV and drove away. The undercover officer believed that the driver of the SUV had been providing protection for B.S. A marked patrol vehicle stopped the SUV. Defendant was the driver of the SUV. In response to questions from the undercover officer, defendant disclosed that: he was a security guard and B.S. was his girlfriend; he had driven B.S. to the area from Fresno; he knew B.S. was engaging in prostitution but did not like or condone her doing so; he was making sure B.S. was good, looking out for her, providing security for her, and acting as her lookout; he was not being paid by B.S.; and he was just waiting on B.S. so that he could go home. Defendant was arrested for pandering. On February 15, 2024, the Kern County District Attorney filed an amended information and charged defendant with: one count of pandering (Pen. Code,1 § 266i; count 1); and one count of driving without a license (Veh. Code, § 12500, subd. (a); count 2).