Legal Opinion
People v. Hernandez
California Court of Appeal
Decided June 28, 1991No. B053330PublishedCited by 21 opinions
1Opinion of the Court
Opinion
BOREN, J.
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…
2Cases cited25 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
- Osborne v. OhioSupreme Court of the United States · 1990
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3Cited by21 opinions
- Commonwealth v. HendricksonSupreme Court of Pennsylvania · 1999
- People v. JohnsonCalifornia Supreme Court · 2015
- Mogilefsky v. SUPERIOR COURT OF LOS ANGELES CTY.California Court of Appeal · 1993
- State v. RichardsIdaho Court of Appeals · 1995
- People v. NavarroCalifornia Court of Appeal · 2013
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