People v. Rios CA4/2

INTRODUCTION

A jury convicted defendant Mike Luis Rios, a former Moreno Valley school board

member, of 17 criminal counts for pimping and pandering—counts 1, 5-8 (B.E.); 10, 15-

19 (V.C.); 20, 23-25 (N.H.); 28 (H.P.); and 29 (A.H.)—and six more counts, counts 30-

35, for insurance fraud. (Pen. Code, §§ 266h, 266i, and 550.)1 The jury’s verdict was

based on overwhelming direct evidence of defendant’s crimes. The court sentenced

defendant to prison for 14 years four months.

On appeal, defendant successfully argues he could only be convicted of single, not

multiple, counts of pimping as to each of the women involved. The prosecution concedes

this point. Additionally, defendant contends the pandering convictions on counts 28 and

29 should be reversed because defendant did not successfully solicit two women, H.P.

and A.H., to participate in prostitution. Defendant also asserts various instructional errors

and ineffective assistance of counsel. He does not challenge the insurance fraud

convictions. We reverse nine of the pimping convictions (counts 6-8, 16-19, 24-25).

Otherwise, we affirm the remainder of the judgment.

1 All statutory references are to the Penal Code. 2…