Does Section 667(e)(2)(C)(iv) of the Penal Code of California apply retroactively?
California, United States of America
The following excerpt is from People v. Higginbotham, D065536 (Cal. App. 2015):
Section 667, subdivision (e)(2)(C)(iv) lists a series of particularly heinous offenses that are sometimes referred to as " 'super strike' offenses" (People v. Lynall (2015) 233 Cal.App.4th 1102, 1108-1109), including sexually violent offenses and all homicide offenses.11
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c. Applicable law governing the determination of whether an initiative is to be applied retroactively
"No part of [the Penal Code] is retroactive, unless expressly so declared." ( 3.)
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