Does section 3 of the California Penal Code apply retroactively?

California, United States of America


The following excerpt is from The People v. Francis Xavier Guilfoyle II, H033779, No. CC801147 (Cal. App. 2010):

Penal Code section 3 provides: "No part of it is retroactive, unless expressly so declared." This section codifies the general presumption against retroactivity. (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1208, fn. 11; In re Estrada (1965) 63 Cal.2d 740, 746.) "It is a widely recognized legal principle... that in the absence of a clear legislative intent to the contrary statutory enactments apply prospectively." (Evangelatos v. Superior Court, supra, 44 Cal.3d at pp. 1193-1194.) Ordinarily, "the absence of any express provision directing retroactive application strongly supports prospective operation of the [statute]." (Id. at p. 1209.)

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