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GATES v. MUNICIPAL COURT

Docket No. 54155.

135 Cal.App.3d 309 (1982)

185 Cal. Rptr. 330

LINDA GATES, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE SANTA CLARA COUNTY JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, First District, Division One.

August 25, 1982.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Portman, Public Defender, and Stuart C. Rich, Deputy Public Defender, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Robert J. Logan, City Attorney, and George Rios, Deputy City Attorney, for Real Party in Interest and Respondent.

OPINION

NEWSOM, J.

Appellant, Linda Gates, was arrested for violation of San Jose Municipal Code 10.40.010 (hereafter the ordinance) — loitering for the purpose of soliciting an act of prostitution. She challenges the ordinance on the grounds it is: (1) preempted by state law which fully occupies the field of criminal sexual conduct; (2) unconstitutionally vague for failure to...

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