What is the test for retroactivity under the ex post facto doctrine?

California, United States of America


The following excerpt is from People v. McShane, 248 Cal.Rptr.3d 322, 36 Cal.App.5th 245 (Cal. App. 2019):

"The purpose of the ex post facto doctrine is to ensure fair notice of the conduct that constitutes a crime and of the punishment that may be imposed for a crime. [Citation.]" ( In re Vicks (2013) 56 Cal.4th 274, 287, 153 Cal.Rptr.3d 471, 295 P.3d 863, fn. omitted.) Hence, " the operative event for retroactivity purposes, and the necessary reference point for any ex post facto analysis, is criminal conduct committed before the disputed law took effect. [Citation.]" ( People v. Trujeque (2015) 61 Cal.4th 227, 256, 188 Cal.Rptr.3d 1, 349 P.3d 103, italics added.)

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