Legal Opinion
People v. Delgado
California Court of Appeal
Decided June 27, 2006No. A109991PublishedCited by 10 opinions
1Opinion of the Court
Opinion
RUVOLO, P. J.
The only issue on appeal is whether the constitutional ban on ex post facto laws prohibits the imposition of probation conditions pursuant to Penal Code 1 section 1203.097, governing cases involving domestic violence, where the underlying offenses were committed before the statute was enacted. We hold that application of section 1203.097 in this case violates ex post facto principles. We vacate the sentence and remand for resentencing.
I
BACKGROUND
On January 4, 1993, defendant Margarito Martinez Delgado was charged with three offenses committed on January 3, 1993: count one,…
2Cases cited30 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- Calder v. BullSupreme Court of the United States · 1798
- Collins v. YoungbloodSupreme Court of the United States · 1990
- Miller v. FloridaSupreme Court of the United States · 1987
- California Department of Corrections v. MoralesSupreme Court of the United States · 1995
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3Cited by10 opinions
- People v. RojasCalifornia Court of Appeal · 2015
- People v. CatesCalifornia Court of Appeal · 2009
- People v. Douglas M.California Court of Appeal · 2013
- State v. MadsenCourt of Appeals of Washington · 2009
- State v. MadsenCourt of Appeals of Washington · 2009
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