Gibson

Case History

Appellant was charged in a 12-count information with five counts of violating Penal Code 1 section 266h, subdivision (a) (pimping), five counts of violating section 266i, subdivision (a) (pandering by procuring), and one count of violating section 266i, subdivision (a)(2) (pandering by encouraging). The information was eventually amended to consolidate two of the *376 pandering counts. Before trial, two counts of pandering were dismissed in the interest of justice, leaving nine counts to be tried.

Prior to trial a number of motions were heard and denied by the trial court, including a motion to dismiss (§ 995), a motion to suppress evidence (§ 1538.5), and a motion to recuse the district attorney’s office (§ 1424). The section 1538.5 motion was renewed during trial and again denied.

After a trial by jury, appellant was convicted of three counts of violating section 266h, subdivision (a). The jury deadlocked on the remaining counts, which the court eventually dismissed. After denying a motion for a new trial, the court denied appellant’s request for probation and sentenced her to the low term in state prison, three years as to count I. Appellant received…