People v. Miller CA2/4

DISCUSSION

I This case presents an issue of statutory interpretation: whether, for purposes of determining an inmate’s eligibility for recall of his sentence under section 1170.126, the trial court must use the list of serious or violent felonies in effect on November 7, 2012 (the date the Act went into effect) or the list of violent and serious felonies existing at the 3 time the third strike crime was committed. Voter initiatives are interpreted according to the same principles used in statutory construction. (Robert L. v. Superior Court (2003) 30 Cal.4th 894, 900.) The “fundamental purpose” of this interpretation is to determine the intent of the voters “as to effectuate the purpose of the law.” (People v. Pieters (1991) 52 Cal.3d 894, 898.) To do so, we first look to the plain language of the statute and give it its literal meaning, so long

2 The appealability of an order denying a petition for a recall is under review by the Supreme Court. (See, e.g., Teal v. Superior Court (2013) 217 Cal.App.4th 308, review granted July 31, 2013, S211708; People v. Hurtado (2013) 216 Cal.App.4th 941, review granted July 16, 2013, S212017.) 3 On July 30, 2014, the California Supreme Court…