Tooby's California Post-Conviction Relief for Immigrants
§ 8.40 (C)
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(C)
Ex Post Facto Violations. Ex post facto laws forbid retroactive application of statutes increasing the severity of criminal penalties.[165] The central question for ex post facto purposes is whether the law changed the legal consequences of acts completed before its effective date.[166] If so, and if that law increased the punishment authorized for the offense, the new law may not be applied retroactively to the defendant’s detriment.[167]
[165] Collins v. Youngblood, 497 U. S. 37, 42 (1990).
[166] See Weaver v. Graham, 450 U. S. 24, 31 (1981)
[167] In re Dewing (1977) 19 Cal.3d 54 (among ex post facto laws are those that retroactively modify the time of discharge from custody to the substantial detriment of the defendant, thereby in effect increasing the punishment previously imposed for his crime).
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CAL POST CON " SENTENCE " GROUNDS " SENTENCE MAY NOT BE BASED ON FACT FOUND NOT TRUE BY JURY
People v Lopez, 208 Cal.App.4th 1049, 146 Cal.Rptr.3d 113 (Aug. 22, 2012) (sentence cannot be based on a fact not found true by the jury).