O'CONNOR

Kathy Colena O’Connor appeals a judgment convicting her of pandering (Pen. Code, § 266i, subd. (c)). She received the lower term of three years in prison after the court stated it would have granted probation except for the mandate of section 1203.065.

O’Connor developed an answering service to refer customers to prostitutes. She was arrested after police officers responded to her advertisements in local newspapers and were solicited for sex. Records seized from her residence indicated she had been pandering for approximately three years.

O’Connor contends the Legislature cannot validly deny probation to all persons convicted of violating section 266i, nor impose a mandatory three-year minimum sentence for a nonaggravated, nonviolent pandering offense. These punishments, she argues, are cruel and unusual.

I

O’Connor cites no authority suggesting the Legislature cannot validly deny probation to all persons convicted of violating section 266i. She only speculates section 266i was inadvertently included in section 1203.065, subdivision (a). Although section 1203.065 specifically refers to section 266i, O’Connor argues section 266i was accidentally included in section…