People v. Smith CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Recitation of facts2 “In October 1998, 17-year-old Malinda M. was a prostitute of 7 or 8 months’ experience by the time she met 40-year-old defendant and through him codefendant Derrick Thornton. They came to an arrangement whereby Malinda would work as a prostitute for defendant and, in exchange, she would have a place to live, clothing, and other necessities. “The home to which defendant and Thornton took Malinda was room 316 at the Rodeway Inn Motel, also called the Santa Clara Motel. Malinda shared the room with defendant and Thornton and two other prostitutes working for defendant, 15-year-old Teresa J. and an older woman named Anne.

2 We recite the facts of Smith’s underlying convictions from our opinion in his prior appeal, People v. Smith (Mar. 14, 2001, H020142 [nonpub. opn.]), and from the record in that appeal, of which we take judicial notice. (Evid. Code, §§ 452, subd. (d), 459, subd. (a).)

2 “Malinda worked essentially every day, all through the evening and night and again for a few hours in the morning. She would go down to a busy intersection at the Alameda in San Jose, sit on a bus stop bench, and smile and wave…