Does section 1001.36 of the California Criminal Code apply retroactively to defendants whose cases have progressed beyond trial, adjudication and sentencing?

California, United States of America


The following excerpt is from People v. Craine, 247 Cal.Rptr.3d 564, 35 Cal.App.5th 744 (Cal. App. 2019):

impertinent for this court to place a strained interpretation upon [the] statute merely to bring about a result which, in the enactment of that statute, was neither contemplated nor intended." ( People v. Borja (1980) 110 Cal.App.3d 378, 382, 167 Cal.Rptr. 813.) Pursuant to the foregoing analysis, we hold section 1001.36 does not apply retroactively to defendants whose cases have progressed beyond trial, adjudication of guilt, and sentencing. We express no opinion on questions of retroactivity under other circumstances.

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