People v. Van Leonard

Decision Date18 July 2014
Docket NumberD062660
CourtCalifornia Court of Appeals Court of Appeals
PartiesThe PEOPLE, Plaintiff and Respondent, v. Louis Van LEONARD et al., Defendants and Appellants.

228 Cal.App.4th 465
175 Cal.Rptr.3d 300

The PEOPLE, Plaintiff and Respondent,
v.
Louis Van LEONARD et al., Defendants and Appellants.

D062660

Court of Appeal,
Fourth District, Division 1, California.

Filed July 18, 2014



See 4 Witkin & Epstein, Cal.
Criminal Law (4th ed. 2012) Pretrial Proceedings, § 242 et seq.

APPEALS from judgments of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Judgment against Louis Van Leonard affirmed as modified. Judgment against Charles Dwayne Walser affirmed. (Super. Ct. No. SCD239290)

Carl Fabian, under appointment by the Court of Appeal, for Defendant and Appellant Louis Van Leonard.

Jill M. Klein, under appointment by the Court of Appeal, for Defendant and Appellant Charles Dwayne Walser.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson, Kristine A. Gutierrez and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.

McDONALD, Acting P.J.

[228 Cal.App.4th 471]

A jury convicted Louis Van Leonard and Charles Dwayne Walser of two counts each of pimping (Pen.Code § 266h, subd. (a)),1 two counts each of pandering (§ 266i, subd. (a)(2)), and one count each of assault by means of force likely to produce great bodily injury (former § 245, subd. (a)(1)).2 The jury also convicted Leonard of one count

[228 Cal.App.4th 472]

of making a criminal threat. (§ 422.) Following a bench trial, the court found true that Leonard had a prior prison term under section 667.5, subdivision (b); a prior serious felony conviction under section 667, subdivision (a)(1); and a “[s]trike prior” conviction for purposes of section 667, subdivisions (b) through (i). The court ordered that Leonard's prison prior under section 667, subdivision (a)(1), be stricken for purposes of sentencing. The court further stayed punishment under section 654 on Leonard's and Walser's convictions for pimping. With enhancements, the court sentenced Leonard to a term of 23 years in prison. The court sentenced Walser to a term of eight years four months in prison.3

Leonard and Walser appeal, contending (1) the operative amended information at trial was not properly filed; (2) the evidence was insufficient to support the defendants' convictions on certain counts; (3) the court erred in not giving a unanimity instruction on pandering; (4) the court erred in admitting expert testimony regarding the culture of pimping and pandering; (5) the court erred in limiting cross-examination of the victims regarding their bias and credibility; (6) the defendants' sentences on their assault convictions and on Leonard's criminal threat conviction should have been stayed under section 654; (7) the court abused its discretion by declining to dismiss Leonard's “strike prior” under People v. Superior Court ( Romero ) (1996) 13 Cal.4th 497, 53 Cal.Rptr.2d 789, 917 P.2d 628; and (8) the judgment against Leonard erroneously states that his prison prior under section 667.5, subdivision (b), was stayed by the court. We modify the judgment against Leonard to provide that his prison prior was stricken by the court, rather than stayed, and affirm it as modified. We affirm the judgment against Walser in full.

FACTS

In 2011, Leonard approached Cynthia Jordan along El Cajon Boulevard in San Diego.4 Jordan was working as a prostitute at the time, and she thought Leonard might be a potential client. After speaking with him, however, Jordan understood that Leonard was interested in becoming her pimp. Jordan told Leonard her life had been difficult lately, and Leonard offered her protection. Leonard said he could provide Jordan with a place to live and food to eat if Jordan continued to work as a prostitute and gave her earnings

[228 Cal.App.4th 473]

to Leonard. Jordan soon gave Leonard a $100 “choosing fee,” symbolizing her choice of Leonard as her pimp, and moved into Leonard's apartment the next day.

Walser and his girlfriend also lived in Leonard's apartment. Because Leonard has muscular dystrophy and uses a wheelchair, Walser assisted Leonard with certain daily activities. Walser's duties included bathing and dressing Leonard, lifting Leonard into and out of his wheelchair, and placing Leonard in his car. Walser received payments from the government as Leonard's caregiver. Walser, known by his nickname “Charlie Mack,” also assisted in Leonard's pimping operation. He was Leonard's “enforcer” and the “strong arm” Leonard needed because he was in a wheelchair.

Leonard controlled Jordan's activities. Leonard told Jordan how to speak to potential clients, how much to charge, when to demand payment, and how to avoid contact with other pimps. Leonard and Walser supplied Jordan with methamphetamines to feed her severe drug addiction. Jordan worked out of the apartment and in hotel rooms. Leonard eventually rented the apartment next door to use for prostitution. Leonard often drove Jordan to out calls, and he waited nearby to make sure Jordan turned the payments over to him immediately afterwards. Walser, and sometimes other men, rode along with Leonard for protection.

Leonard posted advertisements for Jordan on adult-oriented Web sites, which resulted in more lucrative prostitution work than the street. Walser assisted by taking sexually-suggestive photographs for these advertisements. Jordan earned up to $1,000 per night, from multiple encounters. The money went towards Leonard's rent, car payments and upgrades for his two Cadillacs, and other expenses.

Leonard required Jordan to have sex with him as well. Eventually, Jordan developed romantic feelings for Leonard, which he encouraged. Leonard told Jordan she was beautiful and he wanted to marry her. Leonard promised Jordan her own apartment and a better life. Jordan believed Leonard, although she was aware he was pimping several other women at the same time.

One other woman was Amber Hanson. Hanson met Leonard through Walser's brother, Ivan Mosley (also known as “J. Mack”). Mosley approached Hanson one night while she was working as a prostitute on El Cajon Boulevard. He brought Hanson to Leonard's apartment, where Walser sold Hanson some methamphetamine and Hanson and Mosley had oral sex. Hanson, Mosley, and Walser discussed Hanson's work as a prostitute. Mosley gave Hanson his number to call if she wanted to buy drugs in the future.

[228 Cal.App.4th 474]

Later, Hanson contacted Mosley, and they met at Leonard's apartment a second time. This time, Hanson met Leonard, who offered to be Hanson's pimp. Leonard said he would provide her with a place to stay and food to eat, if she turned over all of her earnings to him. Hanson agreed and moved into Leonard's apartment.

Hanson continued to work the streets, although Leonard began to post advertisements for her services on adult-oriented Web sites as well. Hanson sometimes traveled with Leonard, and she continued to work as a prostitute on these trips. In general, Hanson made between $500 and $1,000 per night. Like Jordan, she gave all of her earnings to Leonard. He used the money for rent, car repairs, and drugs. Also like Jordan, Hanson developed romantic feelings for Leonard. Leonard told Hanson he wanted to marry her. Hanson had Leonard's nickname, “Mr. X.,” tattooed on her chest. She became pregnant with twins and believed Leonard to be the father.

If Hanson did not have a client's payment for Leonard, or if Hanson spoke in a way that upset Leonard, he would order Walser to beat her. Leonard would say, “beat that bitch,” and Walser would do so. After Hanson became pregnant, she stood up to Leonard more often. She did not want to continue working so many hours as a prostitute. Leonard responded that “his other baby's mother ... was out there working the blade until she was ready to pop,” and the beatings increased in severity. In one instance, Hanson and Jordan got into an argument. To punish Hanson, Walser punched her. Hanson suffered a cracked tooth, a dislocated jaw, and a broken lip from Walser's beating. Hanson also beat and cut herself.

Eventually, Hanson left Leonard. She returned to El Cajon Boulevard to work the streets. One night, Leonard pulled up beside her in his Cadillac. Walser was in the car as well. Walser grabbed Hanson and threw her into Leonard's Cadillac. They drove to Leonard's apartment, where Walser led Hanson to Leonard's bedroom. Leonard told Hanson she should not have left and she needed to return to Leonard. Leonard instructed Walser to beat Hanson, and he complied. Walser kicked Hanson in the stomach, back, legs, and face. Leonard kicked Hanson in the face as well. Leonard confined Hanson to the bedroom until Hanson agreed to work for him again. When Leonard released her, she returned to the streets and sought out her new pimp, Kevin Smith.5 Hanson soon started bleeding profusely as a result of the beating. Smith drove her to a hospital emergency room, where she suffered a miscarriage.

[228 Cal.App.4th 475]

Meanwhile, Jordan had become fearful of Leonard and his aggressive nature. When Jordan did not want to work, Leonard used threats and psychological manipulation to keep her in line. Jordan witnessed Walser beating Hanson. Jordan sometimes left the apartment for days or a week at a time, and she moved down the street for a time. However, Jordan continued to work for Leonard out of fear.

After almost a year working for Leonard, Jordan entered treatment for drug addiction. She was in treatment for a little over a month. She did not see Leonard for a while, but they spoke on the phone. When Jordan returned to the apartment to check on Leonard, he pressured her to work for him again. They began to argue, and Jordan attempted to drive away. She was unable to do so, however, because Leonard had parked behind her car in his wheelchair, blocking her way out. A number of men approached Jordan's car and began beating on her windows. At least one window was smashed, and the men dragged Jordan out of her car and...

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