Maita

Philip Joseph Maita (hereafter appellant) was found guilty after a nonjury trial of six counts of pimping (Pen. Code, § 266h), seven counts of pandering (Pen. Code, § 266i) and one count each of keeping a house of ill fame and keeping a house used for prostitution (Pen. Code, §§315, 316). These convictions stem from appellant’s management and ownership of the Lily Theater in Redwood City. The Lily Theater specialized in sexually explicit live entertainment. Appellant contends that his convictions cannot stand because (1) the on-stage performances at the Lily Theater were protected by the First Amendment, (2) the evidence was insufficient to support the pimping and pandering convictions, and (3) the evidence of appellant’s management and operation of the Lily Theater was derived from unlawfully seized evidence.

On several occasions between February 3, 1981, and March 6, 1981, undercover officers of the San Mateo County Sheriff’s office observed activities at the Lily Theater, which was owned and operated by appellant. The officers reported basically the same type of stage performance on each occasion.

After paying a $6 to $8 admission fee, with appellant sometimes acting…