California v. ScallyAnnotate this Case
A jury found defendant guilty of one count of pimping and one count of pandering. The court held a bench trial and found it to be true that defendant committed the offenses while out on bail. The court sentenced defendant to the midterm of four years on the pimping count, stayed imposition of the sentence on the pandering count, and imposed, but stayed, a two year on-bail enhancement. On appeal, defendant raised a single issue: that the court erred by permitting the People’s expert to testify that certain text messages sent from defendant to individuals other than the particular prostitute at issue were consistent with pimping activity. Defendant argued this was improper character evidence under Evidence Code section 1101. After review, the Court of Appeal concluded the evidence was relevant to rebut the defense that the prostitute was merely defendant’s girlfriend (a nonpropensity basis for relevance) and thus affirmed.