What is the effect of an ex post facto violation of the formerly applicable sentencing provisions in a sexual assault case?

California, United States of America


The following excerpt is from The People v. Sutherland, No. 1224198, No. B215188 (Cal. App. 2010):

Where the evidence at trial does not establish that the charged molestation occurred on or after the effective date of the statute providing for the defendant's punishment, the defendant is entitled to be sentenced under the formerly applicable sentencing provisions. (People v. Hiscox (2006) 136 Cal.App.4th 253, 256.) A claim that an ex post facto violation resulted in an unauthorized sentence is not forfeited by failure to object in the trial court. (Id. at p. 259.)

Other Questions


What is the test for an ex post facto violation of a sentence in a sexual assault case? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the effect of the third and fourth sentences in a sexual assault case? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.