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In re M.D.

California Court of Appeals, First District, Third Division

November 24, 2014

In re M.D., a Person Coming Under the Juvenile Court Law.
v.
M.D., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,

[CERTIFIED FOR PARTIAL PUBLICATION [*]]

Contra Costa County Super. Ct. No. J1300902

Page 994

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COUNSEL

Christopher F. Morales, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Assistant Attorney General, Eric D. Share, Sharon G. Birenbaum and Leif M. Dautch, Deputy Attorneys General , for Plaintiff and Respondent.

OPINION

Pollak, J.

A minor appeals from an order of wardship following a finding that she committed the crime of loitering with the intent to commit prostitution. She contends that the juvenile court erred in denying her in limine motion to exclude evidence under Evidence Code section 1161 on the ground that she committed the alleged commercial sexual act as a result of being a victim of human trafficking.[1] Alternatively, she contends that she received ineffective assistance of counsel in presenting her motion and that two conditions of her probation are unconstitutionally vague. We find no error in the denial of her motion and no merit in her alternative arguments. We shall therefore affirm the court’s orders.

FACTUAL AND PROCEDURAL HISTORY

On July 29, 2013, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that the minor had committed a misdemeanor violation of Penal Code section 653.22, loitering with intent to commit prostitution.

Prior to the jurisdictional hearing, the minor filed a motion in limine to exclude evidence of her alleged commercial sexual activity pursuant to Evidence Code section 1161, subdivision (a) on the ground that she was a victim of human trafficking. The minor called two witnesses to testify in support of her motion.

Page 997

Investigator Mark Robison of the Concord Police Department Special Victims Unit testified that on July 26, 2013, he was on duty driving an unmarked vehicle with another officer conducting surveillance in an area of Concord known for its high level of prostitution-related activity. At approximately 7:30 p.m., he saw two females, later identified as the minor and Shiquenta Antonio, walking side by side down Galindo Street toward Laguna Street. The minor was 16 years old, and Antonio was an adult. They were both wearing tight clothing with their midsections exposed, and they appeared to be talking to each other. Robison drove past them and parked in a lot on Laguna Street. After five minutes, he saw the two females walking down Laguna Street, approximately 30 feet apart with the minor following Antonio. Robison saw Antonio throw her hands up in the air and wave, and then both females walked slowly across the street. Antonio walked into a parking lot after a truck pulled into the lot, while the minor continued to walk down Laguna Street about 30 feet back. The truck then left the parking lot, Antonio walked out of the parking lot, and both she and the minor continued walking down the street approximately 30 feet apart. Robison saw the minor slap an empty plastic bottle against her stomach as she walked. When Antonio arrived at the corner of Laguna Street and Ellis Street, she waited until the minor caught up with her. The minor and Antonio then walked down Ellis Street to an apartment stairway, where Antonio sat on the steps and the minor stood next to her. At this point, Robison asked two other officers, Sergeant Price and Officer Cain, to contact the two females. Robison observed the minor standing next to the passenger side of a different pickup truck in the parking lot of the apartment complex when Sergeant Price contacted her. The minor was talking to the driver of the truck. The ...


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