What is the test for eligibility for relief under Proposition 36 even if the applicant was a felon in possession of a firearm?
California, United States of America
The following excerpt is from People v. Godfrey, B277245 (Cal. App. 2017):
Appellant contends he was eligible for relief under Proposition 36 even if he was armed while committing the offense of being a felon in possession of a firearm. The interpretation of a voter initiative is at issue. Our review is de novo. (Kramer v. Intuit Inc. (2004) 121 Cal.App.4th 574, 578.)
When interpreting a voter initiative, "we apply the same principles that govern statutory construction. [Citation.]" (People v. Rizo (2000) 22 Cal.4th 681, 685-686.) Regarding statutory construction, the first step is to examine the language at issue. If the language is unambiguous, the plain meaning
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controls. If the language is ambiguousmeaning that it supports more than one reasonable interpretationthen we may look to extrinsic aids. (Natkin v. California Unemployment Ins. Appeals Bd. (2013) 219 Cal.App.4th 997, 1003-1004.)
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