Almodovar

Introduction

The People appeal from an order suspending the proceedings and granting defendant probation.

Statement of Facts

Defendant formerly worked as a civilian traffic officer for the Los Angeles Police Department. During her employment, she met Patricia Isgro (Isgro), another traffic officer. The two saw each other occasionally and had brief conversations at work in April 1979; defendant was then transferred and there was no further contact between the two.

In July 1983, defendant telephoned Isgro at work. Isgro was surprised to hear from defendant and also curious, having heard defendant had been arrested recently. They arranged to meet at a restaurant, where defendant told Isgro she had left the police department and was now a prostitute. Defendant was writing a book, “From Cop to Call Girl,” describing her exploits with the police department and further escapades as a prostitute. Defendant offered Isgro a job as her secretary, knowing Isgro previously had worked as a secretary for the police department; Isgro laughed at the offer. Defendant also told Isgro her life had greatly improved, and she was now earning several thousand dollars a month.

Isgro left…

I respectfully dissent. While I agree with the majority that Penal Code section 1203.065 is constitutional on its face, I would affirm the trial court’s order on the ground section 1203.065 is unconstitutional as applied to defendant.

As the majority observes at pages 740-741, ante, the statutory definition of pandering encompasses a broad range of behaviors and degrees of culpability. In its effort to combat pandering, the Legislature has provided no one convicted of the crime may be given probation, no matter which end of the spectrum his or her behavior falls into. (§ 1203.065, subd. (a).) Thus, in some instances, this penalty may violate the constitutional prohibition against cruel or unusual punishment. (Cal. Const., art. I, § 17.)

As noted in People v. Dillon (1983) 34 Cal.3d 441, 477-478 [ 194 Cal.Rptr. 390 , 668 P.2d 697 ]: “The matter is governed by In re Lynch (1972) 8 Cal.3d 410 [ 105 Cal.Rptr. 217 , 503 P.2d 921 ] ... , and its progeny. As in Lynch (at p. 414), ‘We approach this issue with full awareness of and respect for the distinct roles of the Legislature and the courts in such an undertaking. We recognize that in our tripartite system of government it is the…

HANSON (Thaxton), J. —

The People appeal from an order suspending the proceedings and granting defendant probation. [1]

Defendant formerly worked as a civilian traffic officer for the Los Angeles Police Department. During her employment, she met Patricia Isgro (Isgro), another traffic officer. The two saw each other occasionally and had brief conversations at work in April 1979; defendant was then transferred and there was no further contact between the two.

In July 1983, defendant telephoned Isgro at work. Isgro was surprised to hear from defendant and also curious, having heard defendant had been arrested recently. They arranged to meet at a restaurant, where defendant told Isgro she had left the police department and was now a prostitute. Defendant was writing a book, "From Cop to Call Girl," describing her exploits with the police department and further escapades as a prostitute. Defendant offered Isgro a job as her secretary, knowing Isgro previously had worked as a secretary for the police department; Isgro laughed at the offer. Defendant also told Isgro her life had greatly improved, and she was now earning several thousand dollars a month.

Isgro left the…