Is an ex post facto law that increases the severity of a penalty imposed under section 1465.7 a year after the crime was committed a "penalty"?

California, United States of America


The following excerpt is from The People v. Aguilar, No. 07CF2091, No. G042859 (Cal. App. 2011):

"[A] prohibited ex post facto law is a retrospective statute that increases a punishment beyond that applicable at the time the crime was committed." (People v. High (2004) 119 Cal.App.4th 1192, 1195 (High).) In High, the court held a surcharge on fines for theft-related offenses imposed under section 1465.7 and a court facilities construction penalty imposed under Government Code section 70372 were penal in nature because they were calculated on size and severity of the base fine and they were termed a "penalty."(High, supra, 119 Cal.App.4th at pp. 1197-1198.)

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