Hernandez

Following a jury trial in municipal court, appellant was convicted of making telephone calls with the intent to annoy, in violation of Penal Code section 653m, subdivisions (a) and (b). Appellant contends both statutes are unconstitutionally overbroad because they impinge on his free speech rights, and that subdivision (a) is unconstitutionally vague as well. We transferred the case to this court because there is, at present, no reported Court of Appeal opinion addressing the issues presented. We hold that both subdivisions (a) and (b) are constitutional, and accordingly affirm appellant’s convictions.

Facts

The evidence introduced at trial established that between July 26 and August 6, 1989, appellant made approximately 80 telephone calls to Phyllis Mischel. Appellant, whom Ms. Mischel knew by the name “Vivianna,” was distraught over the breakup of a relationship with Bob W., a tenant in the apartment building which Ms. Mischel managed. Over a period of months, Ms. Mischel had talked to appellant 20 to 30 times and was familiar with appellant’s voice.

Thus, when appellant called Ms. Mischel in the building’s business office on July 26, 1989, she recognized his voice…