Floyd

In this case we must decide whether Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, applies to defendants who were sentenced prior to the act’s effective date of July 1, 2001, but whose judgments were not yet final as of that date. We conclude that the act’s saving clause—which states that “[e]xcept as otherwise provided, the provisions of this act shall become effective July 1, 2001, and its provisions shall be applied prospectively” (Prop. 36, § 8, as approved by voters, Gen. Elec. (Nov. 7, 2000) (Proposition 36), reprinted at 51 West’s Ann. Pen. Code (2003 supp.) foll. § 1210, p. 221)—indicates the act was not intended to apply retroactively to this subset of cases. We also reject defendant’s alternative claim that the failure to accord retroactive effect to Proposition 36 would violate his state and federal right to equal protection. We therefore affirm the Court of Appeal.

BACKGROUND

On April 30, 2000, Bakersfield police responded to the reported natural death of defendant’s long-term girlfriend. Defendant was distraught and crying. At some point, while standing near the body of his girlfriend, defendant began a sustained bout of coughing.…

For the reasons explained below, I disagree with the majority’s conclusion that the rule of lenity does not apply in this case. (Maj. opn., ante, at p. 188.) In my view, when considered in its entirety, Proposition 36 may reasonably be construed to extend to defendants whose conviction for a nonviolent drug offense was not final as of July 1, 2001. In reaching a contrary conclusion, the majority takes an unnecessarily narrow assessment of the electorate’s intent and in doing so fails to fully effectuate the express purpose of the initiative. I respectfully dissent.

The question here is whether defendant may invoke the principle of In re Estrada (1965) 63 Cal.2d 740, 745-748 [ 48 Cal.Rptr. 172 , 408 P.2d 948 ], providing that, in the absence of a saving clause, ameliorative legislation applies retroactively to all convictions not yet final as of the effective date. The majority identifies the requisite saving clause as section 8, which states that “[e]xcept as otherwise provided, the provisions of this act shall become effective July 1, 2001, and its provisions shall be applied prospectively.” (Prop. 36, § 8, 1 as approved by the voters, Gen. Elec. (Nov. 7, 2000) (Proposition 36),…

In this case we must decide whether Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, applies to defendants who were sentenced prior to the act's effective date of July 1, 2001, but whose judgments were not yet final as of that date. We conclude that the act's saving clause—which states that "[e]xcept as otherwise provided, the provisions of this act shall become effective July 1, 2001, and its provisions shall be applied prospectively" (Prop. 36, § 8, as approved by voters, Gen. Elec. (Nov. 7, 2000) (Prop.36), reprinted at 51 West's Ann. Pen.Code (2003 supp.) foll. § 1210, p. 221)—indicates the act was not intended to apply retroactively to this subset of cases. We also reject defendant's alternative claim that the failure to accord retroactive effect to Proposition 36 would violate his state and federal right to equal protection. We therefore affirm the Court of Appeal.

On April 30, 2000 Bakersfield police responded to the reported natural death of defendant's long-term girlfriend. Defendant was distraught and crying. At some point, while standing near the body of his girlfriend, defendant began a sustained bout of coughing. Officer Damacio Diaz…