People v. Martin

HERNDON, J.

Defendant appeals from the judgment entered against her following a nonjury trial wherein she was convicted of the crime of pandering in violation of section 266i of the Penal Code.

The information upon which the prosecution was based charged defendant in substantially the same language found in subdivision (c) thereof, i.e., that defendant did procure an identified female person “a place as an inmate of a house of prostitution.” This subdivision also proscribes the procuring for a female person a place “as an inmate of

any place

in which prostitution is encouraged or allowed within this State; ...” (Italics added.)

Although defendant makes passing argument in support of her contention that certain evidence was obtained as the result of an illegal search and seizure, this assignment of error is so wholly devoid of merit that we may dispose of it in summary fashion. First, no objection to the evidence was made upon this ground in the trial court, and, therefore, error in its admission cannot be urged for the first time on appeal. Secondly, no evidence was introduced which tended to indicate that the officers had no warrant for the arrest or search, and, in the total absence of any such evidence, it will be presumed on appeal that the arrest and search were lawful. Finally, contrary to appellant’s bald and unsupported assertion, a search incident to a lawful arrest is still legally permissible in California.

[679]

While defendant’s second and primary assignment of error challenges the sufficiency of the evidence, it is clear that the only actual issue presented is the following: May a person be convicted of the crime of pandering when the acts of prostitution were committed in the prostitute’s own apartment?

The evidence, which is essentially without conflict, establishes that a woman, hereafter referred to as “Mary,” advised a male acquaintance that she was in urgent need of money to enable her to visit her child who was seriously ill in an eastern state. She knew from a prior incident that this man probably could secure her entree into the industry of the prostitute and she indicated her willingness to engage in that profession.