What is the test for a court to interpret section 29.4 of the California Penal Code in a criminal defendant's favor?

California, United States of America


The following excerpt is from People v. Soto, 231 Cal.Rptr.3d 732, 4 Cal.5th 968, 415 P.3d 789 (Cal. 2018):

resolve doubts as to the meaning of a statute in a criminal defendant's favor" ( People v. Avery (2002) 27 Cal.4th 49, 57, 115 Cal.Rptr.2d 403, 38 P.3d 1 ), requires this court to interpret section 29.4 in defendant's favor. Even assuming the rule applies to a statute, like section 29.4, that only regulates the extent to which evidence of voluntary intoxication may negate a required mental state, we disagree. "[T]he rule applies only when two reasonable interpretations of a penal statute stand in relative equipoise. [A]lthough true ambiguities are resolved in a defendant's favor, an appellate court should not strain to interpret a penal statute in defendant's favor if it can fairly discern a contrary legislative intent. " ( People ex rel. Green v. Grewal (2015) 61 Cal.4th 544, 565, 189 Cal.Rptr.3d 686, 352 P.3d 275.) Here, we can fairly discern a legislative intent not to permit evidence of voluntary intoxication to support a claim of unreasonable self-defense.

Other Questions


How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)
How have courts interpreted section 288 of section 288, subdivision (b) of the California Penal Code when a defendant directed others to hold down the victim and use a pillow to muffle her screams? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
How has the court interpreted section 654 of the California Criminal Code, Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.