People v. Lopez

*696 YEGAN, J.

*651 A criminal defendant should not be punished for exercising a constitutional right as declared by the United States Supreme Court. Here, the defendants exercised their declared rights by obtaining habeas corpus relief. They should not be precluded from obtaining further relief pursuant to a subsequently enacted remedial statute which addresses vindication of the same constitutional right. Were we to do so, we would elevate form over substance. (Civil Code § 3528.)

The People appeal from postjudgment orders granting probation to respondents Raul Alberto Lopez and Freddie Chacon after…