Judge John Wilson
Saleh was charged with attempted patronizing a prostitute, among other things. He sought dismissal of the charge arguing it was not legally cognizable. Saleh was initially charged with patronizing a prostitute, and prosecutors reduced the charge to the attempt. The court stated there was no dispute the conduct alleged in the complaint was facially sufficient to support the charge of patronizing a prostitute, as Saleh's alleged conduct would constitute a solicitation for another person to engage in sexual conduct for a fee. Saleh cited People v. Lupinos where the court ruled "if the crime was defined in the nature of an attempt, although the statute does not contain the word attempt, an attempt to commit such a crime is nonexistent." Where the statutory definition of a crime explicitly included an attempt to commit that crime, it was impossible to reduce the crime to an attempt. Thus, as prosecutors reduced the patronizing a prostitute charge to the attempt, when the definition of the word "solicitation" already included the attempt, they could concluded prosecutors' reduction of the charge to attempt was a reduction to an "attempt to commit an attempt," a nonexistent crime. Hence, it granted Saleh's motion to dismiss.
