California Court of Appeals, First District, First Division
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Trial Court: Contra Costa County Superior Court No. 05-111775-3. Hon. Theresa J. Canepa, Trial Judge
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William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant Duwan D. Fields.
Mark Shenfield, under appointment by the Court of Appeal, for Defendant and Appellant Claudiens Santrail Griffin.
Kamala D. Harris, Attorney General, Dane R. Gillette and Gerald A. Engler, Assistant Attorneys General, René A. Chacón and Nanette Winaker, Deputy Attorneys General for Plaintiff and Respondent.
Margulies, Acting P. J.
A jury convicted defendants Duwan D. Fields and Claudiens Santrail Griffin of eight counts of pimping, pandering, and committing sexual offenses against minors. Defendants contend their convictions must be reversed due to asserted instructional errors. Griffin further contends his conviction for oral copulation with a minor is not supported by
substantial evidence and his felony sentence for the offense violates his right to equal protection of the law. Both defendants challenge a restitution award made jointly and severally against them. We reverse the order of restitution against defendant Fields, and otherwise affirm the judgments against both defendants.
Fields was charged by amended information with pimping Jane Doe 2 (count one) and Jane Doe 3 (count two), minors over the age of 16 (Pen. Code,  § 266h, subd. (b)); and engaging in an act of unlawful sexual intercourse with Jane Doe 3, a minor more than three years younger than Fields (§ 261.5, subd. (c); count three).
Griffin was charged with committing lewd acts upon Jane Doe 1, a child under the age of 14 (§ 288, subd. (a); counts four & five); pimping Jane Doe 3, a minor over the age of 16 (§ 266h, subd. (b); count six); pandering Jane Doe 3 (§ 266i, subd. (a); count seven); forcibly raping Jane Doe 3 (§ 261, subd. (a)(2); count eight); and participating in an act of oral copulation with Jane Doe 3, a minor under the age of 18 (§ 288a, subd. (b)(1); count nine). Griffin entered an open plea of no contest to count four, which was amended to identify the lewd act as oral copulation.
A jury was sworn and impaneled on March 7, 2012. After 11 days of testimony, the jury found both defendants guilty of all of the charges against them.
A. Trial Evidence
On April 20, 2009, three female foster children—13-year-old Jane Doe 1, 17-year-old Jane Doe 2, and 16-year-old Jane Doe 3— ran away from a group home for children in protective custody operated by Sacramento County Child Protective Services. They got a ride from a stranger to an area of Sacramento known as Del Paso Heights and walked to an apartment Jane Doe 1 knew about in the area. At the apartment, they met some males, including Griffin. Later, the girls met Fields and Fields’s girlfriend, S.G., who was Griffin’s 16-year-old sister.
In a car driven by Fields, Griffin, Jane Doe 3, and S.G. left Del Paso Heights after a few days and went to Fields’s condominium in San Ramon. Jane Doe 1 and Jane Doe 2 ...