Chris Francis Williams v. Ernest Roe, Warden

TASHIMA, Circuit Judge.

Appellant Chris Francis Williams appeals the district court’s denial of his petition for writ of habeas corpus. Williams challenges under the Ex Post Facto Clause the state court’s application of an amended version of California Penal Code § 654. The amended statute eliminated judicial discretion to impose a lower sentence afforded by the version in place at the time of Williams’ offense. We hold that application of the amended statute was an ex post facto violation.

Further, under our case law, such an error requires reversal without inquiring into its harmfulness. We…