What is the test for ex post facto legislation that imposes a minimum fine on a criminal defendant after the crime has been committed?

California, United States of America


The following excerpt is from People v. Dave, F066869 (Cal. App. 2015):

Legislation may not make more burdensome the punishment for a crime after its commission. (People v. McVickers (1992) 4 Cal.4th 81, 84 [ex post facto clause is

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violated for legislation that punishes a criminal defendant after the fact].) "A restitution fine qualifies as punishment for purposes of the prohibition against ex post facto laws." (People v. Saelee (1995) 35 Cal.App.4th 27, 30.) When the minimum fine is imposed, the trial court must set the minimum amount applicable on the date of the crimes. (Id. at pp. 30-31.)

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