Guess

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 285 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 286 OPINION INTRODUCTION The California Supreme Court has transferred this case back to us with directions to vacate our original opinion filed April 24, 2007, and reconsider the cause in light of People v. Black (2007) 41 Cal.4th 799 [ 62 Cal.Rptr.3d 569 , 161 P.3d 1130 ] ( Black II ) and People v. Sandoval (2007) 41 Cal.4th 825 [ 62 Cal.Rptr.3d 588 , 161 P.3d 1146 ] ( Sandoval ). No supplemental brief has been timely filed following the transfer order. (Cal. Rules of Court, rule 8.200.) Those opinions require reconsideration of only one of the four issues raised on appeal. Our opinion otherwise remains the same. *Page 287 Defendant Michael Cedric Guess was tried on the following charges: pimping Emily, 1 a prostitute under the age of 16 (count 1; Pen. Code, § 266h , subd.…