People v. Robison

Opinion

COAKLEY, J.

Appellant was charged and convicted of violating Penal Code section 266h, pimping. The prior conviction of robbery with which he was charged was found to be true by the jury. Appellant was granted probation, one of the terms of which was that he serve six months in the county jail with credit for time already served.

At the time the crime was committed, June 14, 1968, Penal Code section 266h read as follows: “Any male person who, knowing a female person is a prostitute, . . . solicits or receives compensation for soliciting for her, is guilty of pimping . . . .”

The facts concerning the offense charged are:

On June 14, 1968, Walter Daley and Randy Krause, working as part-time operators for the Fresno Police Department, assigned to the vice squad and dressed in civilian clothes, were cruising in the West Fresno area in an unmarked police car. The car was equipped with a “Fargo unit,” which picked up and transmitted all conversations had in and about the car to a receiving unit in a nearby police car. Two regular police officers assigned to the vice squad were in the second car, and they monitored the transmissions from the Daley-Krause car. Daley parked the car on Kern Street, and shortly thereafter appellant came to the car and asked, “Are you looking for a couple of girls?” The men answered, “Yes,” following which appellant said, “it would cost us a couple of bucks for him to get us a couple of girls.” Appellant then directed Daley and Krause to follow him to “E” Street since the “police were sort of hot around that area.” Appellant walked to “E” and Tulare Streets with Daley and Krause following slowly in their car. As they crossed Tulare, on “E,” appellant directed them to park the car. Appellant then stood by the Daley-Krause car and “yelled” to two girls standing about 25 yards from him. They responded by walking to the car. One of the girls looked at Krause and said that she was not getting into the car with him as he was an operator. She immediately disappeared. Upon being assured by appellant that the men were not operators, the other girl, Tanya Taylor, said, “I hear you’re looking for a

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date?” The men answered, “Yes,” and Tanya replied, “Well, it will cost you $10 apiece.” Appellant, who was standing beside Tanya, then asked, “What about my $2 apiece?” The operators paid appellant $4, the girl entered their car, and together they drove for a few blocks when they were pulled over by Officers Martin and Lopez, who had monitored the conversation above described. Tanya was arrested for prostitution. Later that evening at the police station, Daley and Krause were shown photographs, and from them they identified appellant as the man with whom they had dealt on the street earlier that evening.