People v. Jackson

Opinion

BARRY-DEAL, J.

Defendant and appellant Grady Michael Jackson appeals from a judgment entered after a jury found him guilty of pimping (Pen. Code, § 266h), pandering (Pen. Code, § 266i), and contributing to the delinquency of a minor (Pen. Code, § 272). His sole contention on appeal is that as a matter of law the evidence was insufficient to support the verdict finding him guilty of pimping. We disagree and therefore affirm the judgment.

[209]

Appellant’s contention is legal in nature; he does not dispute that, when viewed in a light most favorable to the judgment, the evidence showed the following: Appellant and Marsha Hopkins (Cindy) met Tammy, a 16 year old, in a Portland, Oregon bus station while she was waiting to take a bus to her home in Michigan. Tammy, who had just a few dollars, was not at that time, and had never been, a prostitute. Appellant and Cindy befriended her and persuaded her to accompany them to San Francisco, where appellant said Cindy would help Tammy find a job which paid well. Upon their arrival it became clear that the “job” was working the streets as a prostitute.

At appellant’s and Cindy’s instigation, Tammy accompanied Cindy in walking the streets; and on one occasion she engaged in an act of prostitution for which she received $33. Cindy explained that whatever they made was defendant’s. They returned to the Oasis Motel where appellant was waiting; Cindy put $54 (including Tammy’s $33) on the bed; appellant picked it up. Four days later Tammy was arrested for prostitution; she received immunity in return for her testimony against appellant.

Appellant contends that Tammy’s single act of prostitution cannot, as a matter of law, support a finding that he was a pimp, which is defined in Penal Code section 266h as “[a]ny person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of such person’s prostitution .... ”

Appellant relies principally on

People

v.

Lewis