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Name: People v. Delgado
Case #: A109991
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 06/27/2006

Appellant was convicted in 2005 of domestic violence offenses he committed in 1993. He pleaded guilty to felony false imprisonment and corporal injury to a spouse and was placed on probation. Conditions of probation were imposed pursuant to Penal Code section 1203.097, a statute which took effect on September 21, 1994. On appeal, appellant argued that he could not be sentenced under section 1203.097 because it would violate ex post facto principles. The appellate court agreed and remanded for resentencing. Section 1203.097 operates retrospectively because the mandatory conditions of probation are dependent on the 1993 offenses. The law in 1993 did not require those conditions. Further, section 1203.097 increased the measure of punishment by removing the trial court’s discretion to impose a shorter term of probation and by imposing mandatory conditions.