P. v. Green CA4/1

Filed 7/1/13 P. v. Green CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062646

Plaintiff and Respondent,

v. (Super. Ct. No. SCD238807)

GLEN GREEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joan P.

Weber, Judge. Affirmed as modified with directions.

Sarah A. Stockwell, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Melissa

Mandel, Deputy Attorneys General, for Plaintiff and Respondent.

In August 2012, a jury found Glen Green guilty of pandering (Pen. Code, § 266i,

subd. (a)(2); count 1; all further statutory references are to the Penal Code) and pimping

(§ 266h, subd. (a); count 2). In September, the court sentenced him to three years in

prison: the three-year lower term for pandering and a stayed (§ 654) three-year lower

concurrent term for pimping. Green appeals, contending the court abused its discretion