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Burris v. Superior Court of Orange County1/10/2005
l.4th 613, 627.) The rule does not automatically grant a defendant "the benefit of the most restrictive interpretation given any statute by any court" when there is a split of authority. (People v. Spurlock (2003) 114 Cal.App.4th 1122, 1132.) Neither does it require a statutory interpretation in a defendant's favor when, as here, a court "can fairly discern a contrary legislative intent." (People v. Avery (2002) 27 Cal.4th 49, 58.)
Nor does the rule of lenity apply when, as here, an interpretive issue poses a "Whose ox is gored?" problem. However we construe section 1387, one class of defendants will benefit and another will be burdened. Section 1387 shields either defendants charged first with a misdemeanor and then a felony, or those charged first with a felony and then a misdemeanor, but not both groups. The legislative intent underlying the statute is more consistent with protection of the latter group.
Finally, the rule of lenity does not bar application of a statutory interpretation reached in a given case to the defendant in that case. The rule is one of construction, not one governing retroactivity. Our retroactivity rules dictate that this decision be applied to Burris. "The general rule that judicial decisions are given retroactive effect is basic in our legal tradition." (Newman v. Emerson Radio Corp. (1989) 48 Cal.3d 973, 978.) This general rule extends fully to decisions such as this that resolve Court of Appeal conflicts or establish the meaning of a statutory enactment. (See Woosley v. State of California (1992) 3 Cal.4th 758, 794; People v. Garcia (1984) 36 Cal.3d 539, 549; Donaldson v. Superior Court (1983) 35 Cal.3d 24, 36-37.) Our decision neither overrules controlling authority or a uniform body of law that might be justifiably relied on, nor judicially enlarges a criminal statute in an unforeseeable manner (see People v. Billa (2003) 31 Cal.4th 1064, 1073; People v. Blakeley (2000) 23 Cal.4th 82, 91-92); thus, our interpretation of section 1387 applies to Burris.
Burris has been charged with a felony. (See Veh. Code, § 23550, subd. (a).) He has had charges for the same offense dismissed once before. Because felony charges are subject to a two-dismissal rule, Penal Code section 1387 does not bar the instant charges.
Disposition
For the foregoing reasons, we affirm the judgment of the Court of Appeal and remand for further proceedings consistent with this opinion.
We Concur:
George, C. J.
Kennard, J.
Baxter, J.
Chin, J.
Brown, J.
Moreno, J.
Review Granted XXX 100 Cal.App.4th 1006
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