How do courts construe statutory construction?

California, United States of America


The following excerpt is from People v. McCarthy, 198 Cal.Rptr.3d 741, 244 Cal.App.4th 1096 (Cal. App. 2016):

"If the plain language of the statute does not resolve the inquiry, as a second step we may turn to maxims of construction, "which serve as aids in the sense that they express familiar insights about conventional language usage." [Citations.]" ( People v. Verduzco (2012) 210 Cal.App.4th 1406, 1414[149 Cal.Rptr.3d 200].) We may also consider other extrinsic aids to statutory construction, including the statute's legislative history and the historical circumstances of its enactment. ( Ibid . ; see People v. Robles, supra, 23 Cal.4th at p. 1111, 99 Cal.Rptr.2d 120, 5 P.3d 176 ["If ... the statutory language is susceptible of more than one reasonable construction, we can look to legislative history in aid of ascertaining legislative intent."].) In addition, since we here construe a restitution statute, "we are guided by the broad constitutional mandate of article I, section 28 , subdivision (b)." (

[244 Cal.App.4th 1105]

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