Legal Opinion

People v. Callejas

California Court of Appeal

Decided December 18, 2000No. B131626PublishedCited by 13 opinions

1Opinion of the Court

Opinion

JOHNSON, Acting P. J.

The only issue in this appeal is whether the constitutional ban on ex post facto laws prohibits imposing a parole revocation fine on a parolee who committed the underlying offense before the fine was enacted. We hold imposing the fine under these circumstances violates ex post facto principles. Accordingly we will modify the judgment by striking the revocation fine and affirm it in all other respects.

Facts and Proceedings Below

In 1993 Carlos Callejas was arrested for driving while having a blood-alcohol level of .20 or higher. In 1998 he pled nolo contendere to…

2Cases cited18 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. Calder v. BullSupreme Court of the United States · 1798
  3. Collins v. YoungbloodSupreme Court of the United States · 1990
  4. Johnson v. United StatesSupreme Court of the United States · 2000
  5. People v. WalkerCalifornia Supreme Court · 1991

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3Cited by13 opinions

  1. Utley v. Tennessee Department of CorrectionCourt of Appeals of Tennessee · 2003
  2. In Re Oscar R.California Court of Appeal · 2002
  3. John L. v. Superior CourtCalifornia Court of Appeal · 2001
  4. Jeff Utley v. Department of CorrectionsCourt of Appeals of Tennessee · 2000
  5. P. v. Lua CA2/5California Court of Appeal · 2013

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