Jeffers

*845 Opinion

A jury convicted Adam Jeffers of two counts of pandering (Pen. Code, 1 § 266i, subd. (b)) and two counts of pimping (§ 266b). The court denied probation and committed Jeffers to the California Youth Authority. Jeffers appeals, claiming denial of his right to counsel, prosecutorial misconduct, insufficient evidence for one pandering count and the unconstitutionality of section 1203.065. We affirm the judgment.

I

Pandering and Pimping as to Beth R.

In June 1984 driving near San Francisco with a woman named Cherita, Jeffers picked up hitchhiking 15-year-old Rhode Islander Beth R. and her 15-year-old friend Kelly A. Beth and Kelly were without money or food and needed clothing. Jeffers said he knew a way for them to make $400 a day. Beth thought Jeffers was talking about prostitution.

Jeffers paid for a hotel room for Beth, Kelly and Cherita in San Francisco. Jeffers bought shoes for Beth and Kelly. Beth, Kelly and Cherita showered, dressed and prepared to go out as prostitutes. Before leaving, they discussed prostitution with Jeffers. Jeffers said to charge $50 for intercourse. Jeffers told Cherita to tell Beth and Kelly about prostitution. Jeffers also said if the…

I respectfully disagree with the majority’s analysis of the factual record here and the applicability of any court decision on which it relies to uphold the trial court’s arbitrary refusal to permit Jeffers a meaningful opportunity to allow his privately retained lawyer to replace an assigned lawyer whose first contact with the case was after Jeffers made his request.

The attorney-client scenario which sets the context within which we must address this issue appears to be sui generis, at least from our review of reported decisions. In this case, the court generally assigned the legal group of Franklin & Robinson without designating any individual attorney. Apparently, the assigned legal group screens its assigned cases and matches its available lawyers according to their expertise.

The charges of pandering and pimping with which Jeffers was charged apparently fall within the class “three” category of difficulty on a scale used by the San Diego Superior Court in evaluating the degree of competence required for attorneys it assigns indigent defendants. The assigned legal group referred the case to Patricia Robinson who handled all material appearances, the preliminary hearing and…

A jury convicted Adam Jeffers of two counts of pandering (Pen. Code, [1] § 266i, subd. (b)) and two counts of pimping (§ 266h). The court denied probation and committed Jeffers to the California Youth Authority. Jeffers appeals, claiming denial of his right to counsel, prosecutorial misconduct, insufficient evidence for one pandering count and the unconstitutionality of section 1203.065. We affirm the judgment.

In June 1984 driving near San Francisco with a woman named Cherita, Jeffers picked up hitchhiking 15-year-old Rhode Islander Beth R. and her 15-year-old friend Kelly A. Beth and Kelly were without money or food and needed clothing. Jeffers said he knew a way for them to make $400 a day. Beth thought Jeffers was talking about prostitution.

Jeffers paid for a hotel room for Beth, Kelly and Cherita in San Francisco. Jeffers bought shoes for Beth and Kelly. Beth, Kelly and Cherita showered, dressed and prepared to go out as prostitutes. Before leaving, they discussed prostitution with Jeffers. Jeffers said to charge $50 for intercourse. Jeffers told Cherita to tell Beth and Kelly about prostitution. Jeffers also said if the police picked them up, they…