California v. Clark
Annotate this CaseA jury convicted defendant Donald Clark of human trafficking of a minor (count 1), attempted pimping of a minor (count 2), and pandering (count 3). The court sentenced defendant to a total state prison term of 16 years as follows: (1) the middle term of eight years on count 1, which was doubled to 16 years pursuant to the “Three Strikes” law; (2) the middle term of two years on count 2, which was doubled to four years pursuant to the Three Strikes law; and (3) the middle term of four years on count 3, which was doubled to eight years pursuant to the Three Strikes law. Sentences on counts 2 and 3 were stayed pursuant to Penal Code section 654. The court also struck defendant’s prison prior, ordered defendant to register as a sex offender, and required defendant to pay a $300 sex offender fine, $120 in court operations fees, and a $90 criminal conviction assessment. On appeal, defendant argued: (1) there was insufficient evidence to sustain his conviction for human trafficking of a minor because the victim was not a real person or minor; (2) there was insufficient evidence to sustain his conviction for attempted pimping; (3) the court improperly admitted prejudicial evidence that he was pimping and pandering other women; (4) the State's expert witness improperly opined defendant was guilty of the charged crimes and usurped the jury’s fact-finding function; (5) his confrontation and due process rights were violated because he could not effectively cross-examine the State's expert witness; and (6) the court erred by failing to instruct the jury on an essential element of human trafficking of a minor. After careful consideration, the Court of Appeal disagreed with all of defendant’s contentions on appeal and affirmed the judgment in full.
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