People v. Hicks

225 Cal. Rptr. 3d 682, 17 Cal. App. 5th 496
CourtCalifornia Court of Appeal, 5th District
DecidedOctober 25, 2017
DocketG052778
StatusPublished
Cited by56 cases

This text of 225 Cal. Rptr. 3d 682 (People v. Hicks) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hicks, 225 Cal. Rptr. 3d 682, 17 Cal. App. 5th 496 (Cal. Ct. App. 2017).

Opinion

MOORE, ACTING P.J.

*499Defendant Daryl Anthony Hicks appeals from convictions of three counts of human trafficking of a minor, four counts of unlawful sexual intercourse with a minor more than three years his junior, one count of possession of a controlled substance, one count of possession of a firearm by a felon, and three counts of furnishing a controlled substance to a minor.

*689He was sentenced to 19 years, four months in prison.

*500On appeal, he asserts numerous instances of instructional error and insufficient evidence to support one of the trafficking counts. He also argues the trial court abused its discretion by imposing the upper term on one of the trafficking counts, and claims the court failed to sufficiently state the reasons for imposing the upper term on various other counts. He also contends the court erred by not staying numerous counts pursuant to Penal Code section 654,1 and states there is an error on the abstract of judgment. Of these, the only argument that has any merit is the error on the abstract of judgment, which we shall order corrected accordingly. In all other respects, the judgment is affirmed.

I

FACTS

During the relevant time period in 2013 and 2014, Angelica, age 17 at the time, and Jazmin, age 16 at the time, were residents at the Orangewood Children's Center (Orangewood). They would, on occasion, run away from Orangewood. In November 2013, they had been away from Orangewood for at least several days when they were at a bus stop at around 10:00 or 11:00 p.m. Defendant pulled over and asked if they wanted a ride. Jazmin described herself and Angelica as "desperate." They were looking for a ride to find a friend of theirs. Jazmin lied and told defendant she was 17 years old, so he would not believe she was a runaway. Defendant offered the girls marijuana and methamphetamine and told them he was a drug dealer. When the girls said they wanted methamphetamine, he drove them to his apartment and got the drugs for them. He then drove them to a laundromat where they believed they could find their friend, leaving them with a business card and offering to help if they needed anything.

Angelica called defendant back shortly thereafter, saying they needed a place to stay. Defendant picked up the girls, along with their friend Alex, and paid for a motel room for them.

The girls later had different recollections about what happened after they arrived at the motel room. Angelica testified the girls used the methamphetamine defendant provided for them that night. Defendant told her that he rented the motel room for them because he wanted to help her and Jazmin, and she believed him. Jazmin, however, testified that the "plan" was for her to sleep with defendant. She felt "disgusted" by the idea, but also felt she owed him for the ride, the drugs, and the room. While defendant began touching her in a sexual manner, they did not, ultimately, have sex that night. He slept in the other bed.

*501The next day, according to Angelica, she called defendant because she wanted more methamphetamine. Defendant asked for a picture of her breasts. She used a mobile telephone to take a picture of her bare breasts, and defendant subsequently delivered methamphetamine to her.

On another occasion, Angelica and Jazmin went to defendant's apartment. Defendant told Angelica to go on an errand, and Angelica believed it was because he wanted to have sex with Jazmin. Jazmin later testified defendant had sex with her on that occasion. Jazmin testified that she and Angelica had an agreement that Angelica would negotiate with defendant a price for sex with her. Jazmin later learned that defendant gave the money directly to *690Angelica. Before they had intercourse, defendant took a photo of her bare breasts.

After this occurred and Angelica returned, defendant sent Jazmin on an errand. He offered Angelica $80 for sex. She accepted and had sexual intercourse with him. She had told defendant that she was 17 years old at the time. Over a period of months, defendant paid Angelica for sex approximately seven or eight times and to take naked photos of her twice.

The first time defendant took naked photos of her was while they were having sex. Angelica wanted to "get it over with" and under defendant's direction, she opened her legs and defendant used a mobile phone camera to take photos of her vagina. He did not pay her for the photos. On another occasion, defendant took five naked photos of Angelica and paid her $50.

On some occasions, Angelica went to defendant's apartment with other runaways from Orangewood, Marlene and Bree.2 Marlene, who was 16 years old at the time, was also an occasional runaway from Orangewood. The first time she visited defendant's apartment with Angelica, she did not know why they were going there. She recalled Angelica saying something about picking up money. Once she saw defendant and Angelica go into the bathroom, she understood that Angelica was being paid for sex. Because she wanted money, she also had sex with defendant. Angelica went into the bathroom while the sexual contact occurred. Marlene did not recall exactly how much she was paid, but remembered it being more than $60.

Marlene initially told defendant she was 18 years old, but he figured out that she was 16 years old, based on her year of birth, before they had sex a second time. He paid her for sex at least three more times, and Marlene agreed because she was on the run and needed money. Additionally, defendant paid Marlene for naked photos, receiving approximately $60-$70. Angelica was usually with her at defendant's apartment.

*502At one point, Marlene heard defendant talking to Angelica "about joining a business." Marlene told defendant she wanted to live in Tijuana, but he became upset and told her they did not pay enough there, and she could make more money with him.

Like the other girls, Bree was also a resident at Orangewood. She was 17 years old at the relevant time, and friends with Angelica and Marlene. She had previously worked as a prostitute. At one point, she ran away with Angelica and Marlene to defendant's apartment. Angelica told Bree that defendant would pay for sex.

Bree asked defendant if he had crystal methamphetamine, but he did not, and gave her cocaine instead. Afterward, they discussed the amount defendant would pay her for sex. While she told him she was 18 years old, he did not believe her, and thereafter admitted she was 17 years old. After agreeing on a price, defendant gave her money and had sex with her.

Defendant tried to take photos of Bree's breasts and vagina while they were having sex, but she stopped him and said he would have to pay her. He agreed to pay her $10 for each photo and took two photos. At some point, defendant talked to Bree about going into business with him and asked if she wanted to make money with him. According to Bree, he acted like a pimp and used language similar to a former pimp. She told him no.

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Cite This Page — Counsel Stack

Bluebook (online)
225 Cal. Rptr. 3d 682, 17 Cal. App. 5th 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hicks-calctapp5d-2017.