Bradshaw

The People appeal from an order dismissing a prosecution after the granting of a motion under section 995 of the Penal Code. For the reasons set forth below, we reverse the order and remand the case with directions.

At the request of another police officer, a policewoman, acting as an undercover agent, made contact with defendant. She had two telephone conversations and one face-to-face conversation, in which they discussed the policewoman entering a house of prostitution under defendant’s supervision, with a split of her charges between them. When they met, purportedly to finalize those arrangements, defendant was arrested. He was charged with “procuring, causing, inducing, persuading and encouraging” the policewoman to become a prostitute, in violation of section 2661 of the Penal Code.

I

The 995 motion was granted on the theory that the evidence showed entrapment of defendant. That issue is argued in the briefs before us. We conclude that the order cannot be sustained on that ground. The record shows no more than that defendant quite willingly and enthusiastically entered into negotiations for the policewoman’s services; none of the elements of entrapment are…