People v. Burke CA4/3

DISCUSSION

1. Principles of Statutory Interpretation and Standard of Review “‘Issues of statutory interpretation are questions of law subject to de novo review.’” (People v. Harbison (2014) 230 Cal.App.4th 975, 980.) “‘In interpreting a voter initiative . . . we apply the same principles that govern statutory construction. [Citation.] Thus, “we turn first to the language of the statute, giving the words their ordinary meaning.” [Citation.] The statutory language must also be construed in the context of the statute as a whole and the overall statutory scheme [in light of the electorates intent]. [Citation.] When the language is ambiguous, “we refer to other indicia of the voters’ intent, particularly the analyses and arguments contained in the official ballot pamphlet.”’” (People v. Briceno (2004) 34 Cal.4th 451, 459.) “To the extent that uncertainty remains in interpreting statutory language, ‘consideration should be given to the consequences that will flow from a particular interpretation’ [citation], and both legislative history and the ‘wider historical circumstances’ of the enactment may be considered. [Citation.] Further, ambiguities are not interpreted in the defendant’s

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