What is the test for retroactive application of section 18 of the California Constitution Amendment?

California, United States of America


The following excerpt is from People v. Perez, C080851 (Cal. App. 2018):

Defendant asserts he is entitled to retroactive application of the amendment. The People do not dispute the retroactive application of the amendment (for which reason we dispense with further analysis beyond citation to the controlling cases of In re Estrada (1965) 63 Cal.2d 740 and People v. Francis (1969) 71 Cal.2d 66). However, in light of

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