Grant

People v. Grant

Good Law
123 Cal. Rptr. 3d 840·195 Cal. App. 4th 107·2011 Cal. App. LEXIS 541
Court of Appeal of CaliforniaMay 5, 2011No. A128728California3,837 words

Opinion

Lead Opinion

Jenkins, J.

Following a jury trial, defendant Sean Ali Grant was convicted of pimping (Pen. Code, 1 § 266h, subd. (a)) (hereinafter section 266h(a)), assault with a deadly weapon (§ 245, subd. (a)(1)), corporal injury to a cohabitant (§ 273.5, subd. (a)), and false imprisonment by violence (§ 236). He was sentenced to an aggregate term of five years in state prison.

Grant challenges only his conviction for pimping, which was based on an allegation that he “did unlawfully and knowing [a person] to be a prostitute, live and derive support and maintenance in whole or in part from the earnings and proceeds of said person’s prostitution.” He contends the prohibited conduct for which he was convicted violates his substantive due process right under the Fourteenth Amendment because it criminalizes a person’s cohabitation in the household of a known prostitute. We disagree, and accordingly, affirm the conviction for pimping.

FACTUAL AND PROCEDURAL BACKGROUND

Grant was charged with one felony count of pimping in that on or about March 12, 2009, he did “unlawfully,” and knowing Burgundi Selvin “to be a prostitute,” “live and derive support and maintenance in whole or in part from *111 the…

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