California, United States of America
The following excerpt is from People v. Athar, 114 P.3d 806, 30 Cal.Rptr.3d 570, 36 Cal.4th 396 (Cal. 2005):
The rule of lenity also does not assist defendant. Under that principle, when "two reasonable interpretations of the same provision stand in relative equipoise, i.e., that resolution of the statute's ambiguities in a convincing manner is impracticable," we construe the provision most favorably to the defendant. (People v. Jones (1988) 46 Cal.3d 585, 599, 250 Cal.Rptr. 635, 758 P.2d 1165.) Defendant urges us to apply this rule because, he argues, section 182, subdivision (a), is susceptible of two equally convincing interpretations: (1) the enhancement provisions apply to an individual who "conducts or attempts to conduct" ( 186.10, subd. (a)) money laundering and not to those who engage in the crime of conspiracy only; or (2) because section 182, subdivision (a), states that the conspiracy is "punishable in the same manner and to the same extent as is provided for the punishment of that felony," the enhanced punishment of section 186.10, subdivision (c)(1)(D), is part of the punishment for the felony of conspiracy to engage in money laundering.
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