Gaylord

Gaylord v. Municipal Court

Good Law
196 Cal. App. 3d 1348·1987 Cal. App. LEXIS 2426·242 Cal. Rptr. 486
Court of Appeal of CaliforniaNovember 20, 1987B030336California917 words

Opinion

Opinion

—Petitioner Gaylord is charged in a misdemeanor complaint with disorderly conduct, in violation of Penal Code section 647, subdivision (b), by soliciting or agreeing to engage in an act of prostitution. In the instant proceeding, he challenges the respondent’s order overruling his demurrer to the complaint. Petitioner principally urges the complaint is fatally deficient because it does not contain a statement sufficient to give him notice of the offense of which he is accused. (§§ 950, 952.) We have heretofore given notice to the parties that we may act by peremptory writ in the first instance, and have requested opposition from the People “addressing in particular the issue whether the complaint gives petitioner sufficient notice of the offense of which he is accused. (See Pen. Code, §§ 647, subd. (b), 950, 952.)” We have read and considered the opposition filed by the People in response to our request.

Section 647, as amended effective January 1, 1987, provides in relevant part: “Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

“(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.