What is the test for an ex post facto sentence in criminal law?

California, United States of America


The following excerpt is from People v. Lamas, F073362 (Cal. App. 2018):

"Article I, section 10, clause 1 of the federal Constitution and article I, section 9 of the state Constitution prohibit the passage of ex post facto laws. [Citation.] California's ex post facto law is analyzed in the same manner as the federal prohibition. [Citation.]" (People v. Alford (2007) 42 Cal.4th 749, 755.) "A law which makes more burdensome the punishment for a crime after its commission violates ex post facto provisions . . . . [Citations.]" (People v. Fioretti (1997) 54 Cal.App.4th 1209, 1212-1213.) Thus, if the

Page 47

punishment of 25 years to life pursuant to section 667.61, subdivision (j)(2) exceeded the punishment defendant could have received under the applicable law when the offenses were committed, imposition of that sentence violated the ex post facto clauses of the federal and state Constitutions. (See Valenti, supra, 243 Cal.App.4th at p. 1174; People v. Hiscox (2006) 136 Cal.App.4th 253, 257 (Hiscox); People v. Alvarez (2002) 100 Cal.App.4th 1170, 1178.)

Other Questions


Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
When a defendant is sentenced consecutively for multiple criminal convictions in separate criminal proceedings, can the sentence be reduced to one-third of the midterm term? (California, United States of America)
What is the test for sentencing a defendant to five separate sentences for making a criminal threat under section 654 of the Criminal Code? (California, United States of America)
Can a convicted criminal who has completed his sentence for a crime that was reduced to a misdemeanor under Proposition 47, under section 1170.18 of the California Criminal Code, appeal against his sentence? (California, United States of America)
Is a sentencing court acting in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)
What is the impact of race discrimination in sentencing sentencing in criminal cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.