What is the test for determining whether a defendant's argument is based on the construction and reconciliation of various statutory provisions which were in effect at the time of the crime?
California, United States of America
The following excerpt is from People v. Hernandez, E045635 (Cal. App. 5/14/2009), E045635 (Cal. App. 2009):
Defendant's argument depends upon the construction and reconciliation of various statutory provisions which were in effect at the time defendant committed the crime, during the time his appeal was pending, and at the present time. Because the main argument rests upon issues of statutory construction, we review those issues independently. (Burden v. Snowden (1992) 2 Cal.4th 556, 562.)
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