In re Luis P. CA4/1
Opinion
Opinion
DISCUSSION
I. Former Section 786
Despite making certain concessions below, Minor still contends on appeal that his
first petition should have been sealed under former section 786. The People respond that
his first petition could not be sealed under former section 786 because the petition was
dismissed in 2013, prior to the statute's effective date. We agree with the People.
We are guided by the well-established rule that a "statute applies prospectively
only, unless the Legislature clearly expresses an intent that it operate retroactively."
3 (People v. Ledesma (2006) 39 Cal.4th 641, 664; see Evangelatos v. Superior Court
(1988) 44 Cal.3d 1188, 1207 [" '[it] is an established canon of interpretation that statutes
are not to be given a retrospective operation unless it is clearly made to appear that such
was the legislative intent' "].)
Furthermore, to ascertain the Legislature's intent, "[w]e must look to the statute's
words and give them their usual and ordinary meaning. [Citation.] The statute's plain
meaning controls the court's interpretation unless its words are ambiguous. If the plain
language of a statute is…