Does section 1203.4 of the California Criminal Code apply retroactively?

California, United States of America


The following excerpt is from The People v. Shroff, 91 Cal.Rptr.2d 834 (Cal. App. 2000):

I agree with the majority opinion that the 1997 amendment to section 1203.4 does not apply retroactively. In my opinion that means it does not apply to offenses committed before its effective date. This court outlined the considerations for identifying a retroactive application of a statute in People v. Perez (1998) 68 Cal.App.4th 346 at page 352:

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 654 of the California Criminal Code apply to enhancements under section 288 of the Criminal Code? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Is Section 702.3 of the California Criminal Code retroactively retroactively applied to a defendant in a sexual assault case? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.