People v. Spates CA4/3

Filed 8/20/14 P. v. Spates CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049200

v. (Super. Ct. No. 08HF2209)

ARTURO SPATES III, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Daniel Barrett McNerney, Judge. Affirmed. Susan S. Bauguess, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr. and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted defendant Arturo Spates III of pimping (Pen. Code, 1 2 § 266h, subd. (a)) and pandering (§ 266i, subd. (a)(2). The court sentenced defendant to the upper term of six years in state prison for pimping (§ 266h, subd. (a) [“three, four, or six years”]) and stayed execution of sentence on the pandering conviction (see § 654). Defendant claims the court abused its discretion by selecting the upper term of six years. We affirm.

FACTS

Evidence at Trial Defendant met Molly (who was 18 or 19 years old at the time) in July 2008 at a San Francisco strip club where Molly worked. Defendant began dating Molly and offered to employ her in his escort business, which he represented did not involve sexual activity. Defendant and Molly started a sexual relationship. Defendant began supplying Molly with methamphetamine. Molly began working for defendant’s escort service, which involved having sex with clients for money. Defendant took all of the money Molly received from clients and controlled every aspect of Molly’s life. Molly followed defendant’s orders. Defendant controlled Molly by yelling at her. Molly was arrested in October 2008, at which time she stopped using drugs and moved back in with a family member in San Francisco. But, by a ruse involving an offer to retrieve Molly’s property, defendant convinced Molly to return with him to Orange County. Molly’s relative asked police to investigate; a police officer located