Does the amended aggravated assault statute apply to crimes committed prior to the effective date of the new law?

California, United States of America


The following excerpt is from People v. Flores, 2d Crim. No. B214870 (Cal. App. 1/25/2010), 2d Crim. No. B214870. (Cal. App. 2010):

Appellant contends that application of the current statute would violate prohibitions against ex post facto laws because the offenses for which he was convicted occurred prior to the effective date of the new law. This claim was rejected in People v. Sandoval (2007) 41 Cal.4th 825, which concluded that there was no ex post facto violation in applying the amended statute to crimes committed before its effective date. (Id. at p. 855.) The amendment did not subject defendants to greater punishment, but merely increased the amount of discretion the trial court has to impose an aggravated sentence. (Id. at pp. 853-855.)

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