People v. Chamberlin

JEFFERSON, J.

After a court trial—in which the case was submitted upon the testimony contained in the preliminary hearing transcript and the stipulated-to testimony of one

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further prosecution witness—defendant was found guilty of the charge of soliciting an abortion in violation of Penal Code section 276. He was denied probation and was sentenced to state prison. The appeal is from the judgment of conviction.

Pursuant to instructions from her superiors, Jetta Pinnell, a Long Beach policewoman, accompanied by Officer Wayne Greer, went to Poor Bob’s Bar in Long Beach where they were told they would find a person known as Doe Chamberlin (defendant). The officers were both in plainclothes. When they entered the bar at 7:30 p.m. they recognized defendant sitting with a group of people at one of the tables. The officers sat down at the bar. About five minutes later defendant approached them and asked Officer Greer if he was “Wayne.” Defendant introduced himself as “Doe.” He then asked Greer whether “Nancy had given him the scoop.” Greer replied that he had received no details and wanted to talk further about “the problem.” Officer Pinnell said she was quite nervous about it. Defendant told her that he had performed many of these “operations” and that there was nothing to worry about. When Officer Pinnell said she was in a “terrible mess,” defendant said, “How far pregnant are you?” She replied, “a little over two months.” Greer asked defendant how much he charged for his services, and defendant said $400. When asked whether a retainer was necessary defendant said, he did want a retainer because he “didn’t like dry runs.” In response to further questioning defendant stated that he would perform the abortion at a certain hotel in Tijuana, Mexico. He then stated that, on one occasion he had had eight abortions lined up for one day and none showed up after he had made the long trip down there, and for this reason he definitely wanted a retainer. After discussing with the officers the operating procedures which he would employ— indicating that he would perform a D and C and give Pinnell sodium pentathol to put her to sleep—he gave them a card with the name of the hotel where he. said he would perform the operation, and stated he could be reached there at 9 o’clock. Defendant refused to take the retainer in the bar. He stated that “he couldn’t be too careful”; he had heard about a fellow like himself who was picked up by the police. He told them that when they finished their drinks he would go out to the ear with them. As suggested, they walked to where Officer Greer’s car was parked and got inside. Officer Pinnell then asked defendant how much he wished her to give him as the retainer. Defendant said $100. Pinnell gave him the money in