In what circumstances will the California Court of Appeal strike down a section of the California Criminal Code Act as unconstitutional?

California, United States of America


The following excerpt is from People v. White, 2 Cal.5th 349, 212 Cal.Rptr.3d 376, 386 P.3d 1172 (Cal. 2017):

In reaching today's holding, the court imposes its own sense of order where none was intended. It is not our role to rewrite statutes, especially criminal statutes, to conform to the court's sensibilities. This is so even if the text and structure of a statute may seem anomalous in the context of related statutes enacted later in time. (See In re Estate of Calhoun (1955) 44 Cal.2d 378, 380387, 282 P.2d 880 ; cf. Palermo v. Stockton Theatres (1948) 32 Cal.2d 53, 63, 195 P.2d 1 ["[I]n the absence of a constitutional objection it is generally held that the courts have no right to declare a statute obsolete by reason of a supervening change in the conditions under which it was enacted."].)

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