Cahoon

Governing Board of Ventura Unified School District (District) appeals from a writ of mandate compelling the reinstatement of Edward Cahoon, a school custodian. Cahoon was terminated after he pled nolo contendere to forging, altering and/or issuing a prescription for a controlled substance, as a misdemeanor. (Health & Saf. Code, § 11368.) Relying on Education Code section 44009, former subdivision (b) (now subd. (c)), District claimed the offense was a controlled substance offense and required automatic termination. (Ed. Code, §§ 45123, subd. (b), 44836.) The trial court found that the nolo contendere plea was not a “conviction” within the meaning of Education Code section 45123, subdivision (b) and ordered Cahoon’s reinstatement. We affirm.

Discussion

We review de novo the trial court’s grant of a writ of mandate and its interpretation of the statutes involved. (California Teachers Assn. v. San Diego Community College Dist. (1981) 28 Cal.3d 692, 699 [ 170 Cal.Rptr. 817 , 621 P.2d 856 ].) Like the trial court, our primary duty in interpreting a statute is to determine and effectuate the Legislature’s intent. (Van Horn v. Watson (2008) 45 Cal.4th 322, 326 [ 86 Cal.Rptr.3d…