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CRIMINAL LAW-SENTENCING
Criminal Law Sentencing Case Summaries
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■ People v. Zambia, No. B207812

 Defendant and appellant Jomo Zambia was convicted of pandering in violation of Penal Code section 266i, subdivision (a)(2),[1] by encouraging Officer Erika Cruz to become a prostitute.  He was sentenced to the middle term of four years in prison.  In his timely appeal, defendant contends there was constitutionally insufficient evidence to support his conviction.  Alternatively, he argues the evidence only supported a conviction for attempted pandering.  We disagree and affirm.

STATEMENT OF FACTS

            On the evening of June 8, 2007, Officer Cruz was conducting an undercover investigation in an area known for prostitution activity on Sepulveda Boulevard in Van Nuys.  Defendant drove past her in a Ford pickup truck, looked in her direction, made a U-turn, and stopped next to her at the corner of Sepulveda and Valerio.  In her experience, this was typical of how pimps and “johns” (prostitution customers) drive in that area.  Defendant rolled down his window and asked the officer to get into his vehicle.  Officer Cruz asked defendant, “what for?” and “he said that he was a pimp.”  The officer told him to back up so they could talk. 

            Officer Cruz saw cell phones on the pickup’s center console.[2]  Defendant again told her to get into his car.  When the undercover officer asked why, defendant repeated that he was a pimp.  She asked what he meant.  Defendant said he would “take care of” her.  Defendant asked how much money she had with her.  Hearing that she had $400, defendant told her that if she gave it to him, defendant would provide her with housing and clothing.  When Officer Cruz expressed some misgivings about getting into defendant’s car, he said he was “a legit business man,” waived a business card at her, and said he would not “strongarm” her.  In her experience, pimps, prostitutes, and their customers use the term “strongarm” to mean the forceful taking of a prostitute’s cash. 

            Defendant used a very aggressive tone of voice and demeanor during this conversation.  Based on Officer Cruz’s training and experience, defendant was behaving like a “gorilla pimp”—persons who used “verbal threats and violence to get their way and to scare prostitutes into working for them.”  Officer Cruz asked if she could continue to work in the Sepulveda area.  Defendant said, “yes, and that he would just take care of [her].”  At that point, Officer Cruz directed defendant to drive across the street.  She signaled to her partners, who arrived and arrested defendant.

            Officer Paschal testified that in her experience, pimps place their prostitutes on the street, where they perform sex acts for money.  The prostitute will turn the money over to the pimp, who will provide the prostitutes with food, clothing, and other services.  Sergeant Alan Kreitzman was in charge of the investigation that night.  In his experience, pimps carry business cards for legitimate businesses, which they provide to their prostitutes to give the false appearance of being involved in a legal trade.  Where a john will be very circumspect in approaching a prostitute, pimps typically approach them in a direct, aggressive manner. 

■ HELD:

Conviction for pandering is affirmed where there was substantial evidence of inducement, persuasion, or encouragement for the police officer to engage in prostitution on defendant's behalf.
People v. Zambia-B207812-5/12/09 CA2/5
People v. Zambia-B207812-5/12/09 CA2/5-PDF  

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