Wade
People v. Wade
Opinion
Opinion
DISCUSSION
Section 25850, subdivision (a) provides as follows: “A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street.” The issue presented is whether a person wearing a backpack containing a loaded firearm “carries a loaded firearm on the person.”
Standard of Review
“Insofar as the Penal Code section 995 motion rests on issues of statutory interpretation, our review is de novo. (People v. Superior Court (Ferguson) (2005) 132
All statutory references are to the Penal Code, unless otherwise indicated. 2 Cal.App.4th 1525, 1529.)” (Lexin v. Superior Court (2010) 47 Cal.4th 1050, 1072.) “‘Under settled canons of statutory construction, in construing a statute we ascertain the Legislature’s intent in order to effectuate the law’s purpose. (Dyna–Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 1379, 1386-1387.) We must look to the statute’s words and give them their usual and ordinary meaning. (DaFonte v. Up–Right, Inc. (1992) 2 Cal.4th 593, 601.) The statute’s plain meaning controls the court’s interpretation unless its words are ambiguous.’ (Green v.…