Patton

Defendant was convicted by juiy verdict of pandering (Pen. Code, § 266i), and sentenced to state prison. He appeals from the judgment.

At the age of 16, Gail ran away from home and came to San Bernardino. By lying about her age, she obtained a job as a waitress in a Sambo’s restaurant working the night shift from about 9 p.m. to about 6 a.m. Defendant was a regular customer at the Sambo’s where Gail worked. He told her his name was Brown Sugar, flirted with her, and offered to help her if she needed money. When Gail lost her job she went to defendant’s motel room to borrow $10. Defendant said he did not have the money then, but he told Gail- she could earn money working for him as a prostitute. Gail did not respond to this offer and testified at trial that it stunned her.

A few days later Gail was arrested when she admitted being a runaway. When asked by the police whether she had been working as a prostitute, Gail said she had not but she related defendant’s offer. Gail then agreed to phone defendant and discuss his proposition.

From the police station Gail phoned defendant’s motel. A clerk answered and summoned defendant to the phone. Defendant identified himself to…