Does the Attorney General's amendments to the Criminal Code apply retroactively to defendant?
California, United States of America
The following excerpt is from People v. Holliday, B284342 (Cal. App. 2019):
As the Attorney General concedes, these amendments apply retroactively to defendant, whose judgment of conviction was not final when the legislation became effective. (See People v. Brown (2012) 54 Cal.4th 314, 324 [interpreting In re Estrada (1965) 63 Cal.2d 740 as "articulating the reasonable presumption that a legislative act
Page 29
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Attorney General have any authority to apply the rule in People v. Francis to apply retroactively to the amended version of section 12022.5 of the Penal Code? (California, United States of America)
Can a defendant be remanded in custody for the retroactive retroactive ameliorative effect of the amendment to the Criminal Code Amendment? (California, United States of America)
Can a defendant who committed his crimes before the effective date of the amendment to the Criminal Code, section 12022.7 of the Penal Code, apply the new restriction on the amount of time a defendant can serve on a minimum sentence? (California, United States of America)
Is the amendment to the California Civil Code of Civil Procedure Amendment retroactively retroactively applied to increase conduct credits for minor offenders who have been temporarily detained in local custody? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the effect of an amendment to Proposition 36 of the California Constitution requiring the Attorney General to produce a copy of the law where the law is amended or amended? (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 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)
When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
Does the Attorney General's error in instructing a defendant on liability as an aider and abetter apply? (California, United States of America)
