People v. Scott CA4/2

INTRODUCTION

Defendant and appellant Edward Lamar Scott was charged by amended

information with two counts of human trafficking a minor for a sex act (Pen. Code,1

§ 236.1, subd. (c)(1); counts 1 & 4), pimping a minor 16 years of age or older (§ 266h,

subd. (b)(1); count 2), pandering by procuring a minor 16 years or older for prostitution

(§ 266i, subd. (b)(1); count 3), pimping a minor under the age of 16 (§ 266h, subd. (b)(2);

count 5), and pandering by procuring a minor under the age 16 for prostitution (§ 266i,

subd. (b)(2), count 6). The amended information further alleged that defendant had two

prior strike convictions. (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) Pursuant to a

plea agreement, he pled no contest to counts 4, 5, and 6 and admitted one of the prior

strikes. A trial court denied defendant’s request to dismiss his prior strike under the

recent amendments of section 1385 and under People v. Superior Court (Romero) (1996)

13 Cal.4th 497 (Romero), then sentenced him to a total term of 16 years in state prison.

Defendant now contends: (1) the trial court erred in ruling that changes to section

1385 enacted by Senate Bill No. 81 (2021-2022 Reg.…