Are there any cases that support the proposition that section 5482.03 of the California Penal Code contains no "penal elements" cognizable under the ex post facto clause?

The People's reliance on People v. Daudert, supra, 94 Cal.App.3d 580, 156 Cal.Rptr. 640, for the proposition that section 5482.03 contains no "penal" elements cognizable under the ex post facto clause, is equally misplaced.

In People v. Daudert, supra, the court held that Daudert was entitled to the shorter waiting period for filing his petition under section 4852.03 which resulted from an amendment to the Penal Code reducing the maximum sentence for the crime of which he had been convicted. Under the old version of section 4852.03, the waiting period was three years residence plus an additional 30 days for each year of the maximum term of imprisonment prescribed for the crime of which petitioner was convicted. Hence a reduction in the maximum sentence resulted in a shorter waiting period.