People v. Avery CA4/3

STATEMENT OF THE CASE

On July 16, 2021, the Orange County District Attorney filed an information against Avery, charging him with (1) human trafficking of a minor, (2) pandering, and (3) attempted pimping of a minor. A jury found Avery guilty of pandering and attempted pimping. The trial court sentenced him to the low term of three years on count 2 (pandering), and imposed and stayed an 18-month low term on count 3 (attempted pimping of a minor). Avery appealed.

STATEMENT OF THE FACTS

I.

PROSECUTION CASE-IN-CHIEF

Orange County Police Sergeant Christina Strunk testified that, in 2019, she was an undercover investigator with the Orange County Human Trafficking Task Force. As part of her investigative work, Strunk created a profile on a social network site under the fictitious name of “Jessica Peters.” The profile included nine photographs of her wearing lingerie and dresses

2 and three photographs of cash. It also stated how much she charged for sex acts. On May 23, 2019, Avery, using a profile on the same social network site, sent “Jessica” a message, saying, “How are you? Can you come 1 home to Daddy?” Jessica responded, “What do you have to offer?” Avery replied, “‘A place,…