Legal Opinion

O.G. v. Superior Court

California Court of Appeal

Decided September 30, 2019No. B295555Published

1Opinion of the Court

Filed 9/30/19 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX O.G., 2d Crim. No. B295555 (Super. Ct. No. 2018017144 Petitioner, (Ventura County) v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. The Legislature cannot overrule the electorate. All power of government ultimately resides in the people. (See People v. Kelly (2010) 47 Cal.4th 1008, 1025; see also DeVita v. County of Napa (1995) 9 Cal.4th 763, 775.) Under the guise of “amendment,” an initiative may not be “annulled” by the…

2Cases cited8 opinions

  1. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  2. DeVita v. County of NapaCalifornia Supreme Court · 1995
  3. People v. Superior Court (Pearson)California Supreme Court · 2010
  4. People v. KellyCalifornia Supreme Court · 2010
  5. Proposition 103 Enforcement Project v. QuackenbushCalifornia Court of Appeal · 1998

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