California, United States of America
The following excerpt is from People v. Kon, G047935 (Cal. App. 2014):
"Under the United States Constitution, '"'any statute [1] which punishes as a crime an act previously committed, which was innocent when done; [2] which makes more burdensome the punishment for a crime, after its commission, or [3] which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto.'"' [Citations.] The ex post facto clause of the state Constitution is in accord. [Citation.]" (People v. Saelee (1995) 35 Cal.App.4th 27, 30.) The Attorney General concedes the applicable version of Penal Code section 1202.4 was the one in existence at the time defendant committed his offenses.
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