Pina

*3 INTRODUCTION

We hold here Vehicle Code section 22520.5, subdivision (a), which makes it a crime to "solicit, display, sell, offer for sale, or otherwise vend or attempt to vend any merchandise or service" in designated locations on and near freeway on-ramps and off-ramps, does not prohibit begging or panhandling.

Defendant Vincent Pina appeals the judgment following his conviction of violating Vehicle Code section 22520.5, subdivision (a), contending there was insufficient evidence presented at trial that he violated the statute. He further contends the statute violated his First Amendment rights. The People have not filed a brief disputing defendant's position. As discussed below, we agree with defendant's first contention, and reverse solely on that basis.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was originally charged with a misdemeanor violation of Vehicle Code section 22520.5, subdivision (a). The court reduced the offense to an infraction on the People's motion, and the matter proceeded to a court trial.

City of Long Beach Police Officer Michael Demarco testified that, on June 10, 2016, he was in a patrol vehicle, exiting the 405 Freeway at the Bellflower…