Pryor v. Municipal Court

Opinion

TOBRINER, J.

Defendant Don Piyor seeks prohibition to bar his trial on a charge of violating Penal Code section 647, subdivision (a). This section declares that a person is guilty of disorderly conduct, a misdemeanor, “Who solicits anyone to engage in or who engages in lewd or *244dissolute conduct in any public place or in any place open to the public or exposed to public view.” (Italics added.) We agree with defendant that the phrase “lewd or dissolute conduct” as construed by past decisions is unconstitutionally vague. If, however, we can reasonably construe the statute to conform with…