 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Durango4/2/2003
ection 262 involving the use of force or violence for which the person is sentenced to the state prison. . . . " must register. (Pen. Code, § 290, subd. (a)(2)(A), italics added.)
Defendant's unusual interpretation of the plain language of the statute does not merit extended analysis. "Our role in construing a statute is to ascertain the intent of the Legislature in order to effectuate the purpose of the law. [Citation.] Because the statutory language is generally the most reliable indicator of that intent, we look first at the words themselves, giving them their usual and ordinary meaning and construing them in context. [Citation.] If the plain language of the statute is clear and unambiguous, our inquiry ends, and we need not embark on judicial construction. [Citations.] If the statutory language contains no ambiguity, the Legislature is presumed to have meant what it said, and the plain meaning of the statute governs. [Citations.]" (People v. Johnson (2002) 28 Cal.4th 240, 244.)
Here, the statute is clear on its face. There is no ambiguity. Penal Code section 290, subdivision (a)(2)(A), requires any person convicted of a violation of section 261, subdivision (a)(3), of the Penal Code to register as a sex offender. The statute could not be expressed more clearly. The court was mandated to require defendant to register as a sex offender. It follows that Penal Code section 296 requires defendant to provide blood and saliva samples. From the plain reading of the statute there is no evidence of any legislative intent whatsoever to limit registration to crimes of forcible rape. We note there is no authority supporting defendant's view, nor has defendant cited any authority that provides for such an interpretation. We reject defendant's assertion that there is such a legislative requirement.
The judgment is affirmed.
WE CONCUR:
SILLS, P.J.
BEDSWORTH, J.
Page 1 2 3 4 5 6 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|