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Name: People v. J.M.
Case #: F082957
Opinion Date: 12/30/2022
Attorney: Randy S. Kravis
Summary

The Court of Appeal agreed with the parties that the appellant’s conviction for Penal Code section 288.7, subdivision (b), violates the constitutional prohibition against ex post facto laws because the appellant’s conduct may have predated the date the section went into effect. The court reduced the conviction to the lesser included offense of Penal Code section 289, subdivision (h), which was in existence at the time of the appellant’s conduct. The court and parties additionally agreed that in light of Senate Bill No. 567’s (2021-2022 Reg. Sess.) and Assembly Bill No. 124’s (2021-2022 Reg. Sess.) amendments to Penal Code section 1170, remand for resentencing was appropriate for the trial court to consider the appellant’s age at the time of the offenses.