Pulliam

The jury found appellant Sherrie Lynn Pulliam (Pulliam) guilty of loitering in a public place with intent to commit an act of prostitution in violation of Penal Code section 653.22. Pulliam’s sole contention on appeal is that section 653.22 is unconstitutional because it is vague and overbroad.

Facts

On November 12, 1996, Officer Steveson received a radio call around 10:30 p.m. reporting prostitutes loitering on Roosevelt Avenue in National City. As Steveson approached the area in his patrol car he saw Pulliam standing on the sidewalk waving her arms toward a passing vehicle. She was wearing a black tight-fitting miniskirt and a jacket partially unzipped to reveal the inner portions of her breasts.

Pulliam was standing on a street within a five-block area known for prostitution activity. There were open businesses and houses in the five-block area. During the 15 to 20 seconds that Steveson watched Pulliam she did not walk toward or away from any of the open businesses or houses.

After watching Pulliam for 15 to 20 seconds, Steveson approached and asked her what she was doing. Pulliam replied she was there to engage in prostitution but had just arrived and had made no…