People v. Calhoun CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The prosecution charged defendant with two counts of pandering (Pen. Code, § 266i, subd. (a)(2), unless otherwise stated, statutory section citations that follow are to the Penal Code; counts one and three), one as to an undercover police detective and another as to victim R.D., and one count of pimping (§ 266h, subd. (a); count two) as to R.D. As to counts two and three, the prosecution alleged the victim was particularly vulnerable (Cal. Rules of Court, rule 4.421(a)(3); unless otherwise designated, rule citations are to the California Rules of Court) and defendant took advantage of a position of trust or confidence (rule 4.421(a)(11)). As to all counts, the prosecution alleged the crime involved planning, sophistication, or professionalism (rule 4.421(a)(8)); defendant engaged in violent conduct indicating a serious danger to society (rule 4.421(b)(1)); defendant had prior convictions that were numerous or of increasing seriousness (rule 4.421(b)(2)); and defendant served a prior term in prison or jail (rule 4.421(b)(3)). The prosecution later dismissed the allegation of violent conduct.

At trial, Detective Anthony Figueroa testified as an…