People v. Tillis
| Decision Date | 27 October 2011 |
| Docket Number | D054245,Super. Ct. No. SCD209842 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. RODNEY LYDELL TILLIS, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Robert F. O'Neill, Judge. Reversed in part and remanded with instructions.
A jury convicted Rodney Lydell Tillis of human trafficking (Pen. Code, § 236.1, subd. (a)),1 pandering by encouraging (§ 266i, subd. (a)(2)) and sexual penetration by a foreign object (§ 289, subd. (a)(1)). Thereafter, Tillis waived a jury trial on the allegedpriors and admitted two prior felony convictions, for which he had served one prior prison term. (§§ 667.5, 668, 1203, subd. (e)(4).) The trial court sentenced Tillis to a total prison term of 15 years.
Tillis filed an appeal, contending that his convictions should be reversed because of instructional errors, insufficiency of the evidence and various sentencing errors. On February 9, 2010, we issued an opinion, reversing in part and affirming in part. The Attorney General filed a petition for review, and our Supreme Court granted that petition and ordered the matter held pending its resolution of People v. Zambia (2011) 51 Cal.4th 965 (Zambia). On June 2, 2011, the Supreme Court decided Zambia and thereafter transferred this matter to us with directions to reconsider our decision in light of Zambia.
We have reviewed the parties' supplemental briefing and have reconsidered the matter as directed. We now vacate our previous opinion, and we conclude Tillis's arguments concerning instructional error and insufficiency of the evidence lack merit, but he has established that the trial court committed sentencing error by imposing an unauthorized sentence. Accordingly, we vacate the sentence and remand to the trial court for resentencing.
In September 2007, Breanna B., a 21-year-old woman with no job, decided to try to make money by prostituting herself. Giving no thought to having a pimp, she asked a roommate to drop her off after midnight near El Cajon Boulevard in San Diego, in anarea known as the "Blade," where numerous prostitutes offer their services in San Diego. Almost immediately, Breanna was picked up by a man in a Cadillac who called defendant Tillis and told him that he was bringing something "hot" for him. The man drove Breanna to a gas station where Tillis was parked.
Tillis asked Breanna where she was from, which she took to be a gang-related inquiry, and told her to get in his car. She did so because she was afraid and did not know what was going to happen. Tillis was in the driver's seat and asked Breanna if she had money. She told him she did not. He told her to take off her clothes and he began to unzip her jacket. Breanna told him she would rather do it herself and took off her jacket. Tillis told her to take off her pants, and she did. Tillis then told her to take off her underwear, and she hesitated until Tillis started pulling them down. Breanna then took off her underwear. Tillis put his hands inside Breanna's bra and told Breanna to open up her legs. She did not do so initially and tried to tell Tillis she had her period. Tillis told Breanna to shut up, stuck his hands between her legs and forcefully put two fingers inside her vagina, stating, "This pussy is going to sell." Feeling the tampon Breanna was wearing, Tillis thought it was money, but Breanna told him it was a tampon. After removing his fingers, Tillis wiped menstrual blood on Breanna's chest, pulled Breanna's hair and forced her to wipe and then lick his fingers. Breanna feared something would happen to her if she did not comply with Tillis's commands. Tillis called Breanna "bitch" and slapped her.
Tillis drove away from the gas station with Breanna in the car, telling her she was going to be his "bitch," and that she needed to make him $1,000 that night before shecould go home. Breanna responded she was not going to be his bitch, and Tillis slapped her face. Tillis told Breanna he would "get my bitch to fuck you up," and he picked up his girlfriend, codefendant Rosemary Bojorquez, who was dressed like a prostitute, near El Cajon Boulevard.
Over the next 24 hours, Tillis drove Breanna and Bojorquez to El Cajon Boulevard three times and had Breanna drive to Anaheim in the Harbor Boulevard prostitution area. At each place, Tillis told Breanna and Bojorquez to "walk" the street as prostitutes and warned Breanna that if she tried to escape, he would "fuck [her] up." Breanna accompanied Bojorquez while Bojorquez serviced two customers, but Breanna engaged in no acts of prostitution. At some point, because she was trying to fit in and gain their trust, Breanna told Tillis and Bojorquez that she had prostituted before. Breanna was frightened by Tillis's behavior toward her and toward other women, and did not want to cross him.
After napping at a motel, Tillis drove Breanna and Bojorquez back to El Cajon Boulevard, where Tillis allowed Breanna to walk by herself because she was holding Bojorquez back from making money. Breanna told a stranger she had been kidnapped and obtained a ride home; the next day she told the police what happened.
After Breanna identified him from a photo lineup, the police arrested Tillis at a parking lot on El Cajon Boulevard. In Tillis's car, the police found a laptop computer, computer discs, a digital camera, provocative women's clothing, and a receipt for the motel room Breanna had occupied with Tillis and Bojorquez.
During an interview at the police station, which was audiotaped, Tillis initially denied any involvement in the incident. However, after seeing a surveillance tape that showed him with Breanna, Tillis asked how much prison time he was looking at and stated he guessed he was going to jail. He also asked the vice detective interviewing him whether Breanna already had been out there prostituting, and whether she was of age. During the interview process Tillis was allowed to converse with Bojorquez and was surreptitiously taped. Bojorquez told Tillis that the police "have the evidence."
Tillis admitted that he had ordered Breanna into his car after a man named "T" brought him Breanna as a present. He continued to deny that he had sexually penetrated Breanna. Tillis stated that Breanna was on El Cajon Boulevard without knowing the rules of the game that she had "tried to jump herself into." He admitted he "laced her up," or bought her clothes for prostituting, and told her the rules of the game. He claimed it was obvious that Breanna did not know what she was doing, so he told her what she needed to know to avoid getting hurt.
The prosecution charged Tillis and Bojorquez with human trafficking and pandering by encouraging (§§ 236.1, subd. (a), 266i, subd. (a)(2)), and Tillis with an additional count of sexual penetration by a foreign object (§ 289, subd. (a)(1)). Bojorquez pleaded guilty to human trafficking in exchange for probation, local custody, and dismissal of the pandering charge.
At trial, the prosecution presented expert testimony about local prostitution from Lynda Oberlies, a San Diego police sergeant supervising prostitution investigations.Oberlies testified that El Cajon Boulevard and Harbor Boulevard are well known areas or "tracks" of prostitution where pimping and prostitution, known as "the game," has its own language and rules. Prostitutes are told not to look at a Black male to avoid giving the impression she is available to another pimp, and not to get into a Black male's car lest he be a pimp. Pimps call their prostitutes "bitches," and "lace them up," or buy them clothes for prostituting. "Out of pocket" means that a prostitute disrespected a pimp or walked away from the pimp, for which she could be struck or beaten. Pimps set hours and prices, take all of the money that their prostitutes make, and dole some money back to them for food or favors. Any prostitute who works without a pimp and tries to keep her money is called a "renegade." Renegades do not last long on the Blade, as they will be robbed until they are forced to get a pimp for protection.
Breanna testified to the facts surrounding the offense, and the detective who interviewed Tillis after his arrest testified to Tillis's statements during the police interview.
At the close of the prosecution's case, Tillis moved for a judgment of acquittal under section 1118.1, arguing that because he had received no compensation from Breanna, there was at most a pandering attempt, not a completed crime. The court denied the motion without prejudice.
Testifying on his own behalf, Tillis stated that when Breanna was brought to him, she had been "out there trying" to "gig on the Blade" without knowing what she was doing. Tillis said he wanted to help her, and admitted he and Bojorquez bought her clothes and taught her the rules of prostitution.
Bojorquez testified for the defense and claimed that Breanna knew what she was doing. However, Bojorquez admitted she told police Breanna was innocent and fresh in the game, and further that Breanna told her she had just started being a prostitute. On rebuttal, the prosecution presented police testimony that when Bojorquez was interviewed, she had not told the police that Breanna was experienced or knew what she was doing. Instead, at that time Bojorquez told the police: (1) Breanna looked scared; (2) Tillis told Breanna it would cost $1,000 to get free; (3) Bojorquez and Breanna discussed a lower figure that Bojorquez would try to...
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