People v. Leonard CA4/1

A jury convicted Louis Van Leonard and Charles Dwayne Walser of two counts each of pimping (Pen. Code, § 266h, subd. (a)), two counts each of pandering (§ 266i, subd. (a)(2)), and one count each of assault by means of force likely to produce great bodily injury (former § 245, subd. (a)(1)). The jury also convicted Leonard of one count of making a criminal threat. (§ 422.) Following a bench trial, the court found true that Leonard had a prior prison term under section 667.5, subdivision (b); a prior serious felony conviction under section 667, subdivision (a)(1); and a “[s]trike prior” conviction for purposes of section 667, subdivisions (b) through (i). The court ordered that Leonard’s prison prior under section 667, subdivision (a)(1), be stricken for purposes of sentencing. The court further stayed punishment under section 654 on Leonard’s and Walser’s convictions for pimping. With enhancements, the court sentenced Leonard to a term of 23 years in prison. The court sentenced Walser to a term of eight years four months in prison.

Leonard and Walser appeal, contending (1) the operative amended information at trial was not properly filed; (2) the evidence was insufficient…