Does the "rule of lenity" apply to a defendant who has tendered an ambiguity in the California Criminal Code?
California, United States of America
The following excerpt is from People v. Wigiert, C071286 (Cal. App. 2013):
7. Contrary to defendant's view, his reading of the statute does not plausibly account for its language and therefore he has not tendered an ambiguity so as to trigger the "rule of lenity." (See People v. Cornett (2012) 53 Cal.4th 1261, 1271 [rule of lenity not applied unless two interpretations stand in relative equipoise].)
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