Does the terms of SB40 apply to sentencing in a case where the crime occurred before the crime was committed?

Sandoval applied the terms of SB40 to its case although the crime occurred before the passage of that amendment. (People v. Sandoval, supra, 41 Cal.4th at p. 845.) Although "[c]riminal statutes presumptively apply only prospectively . . . [t]he bill that amended the DSL does not contain any language regarding retroactivity. [Citation.] A change in substantive criminal law is retroactive if applied to cases in which the crime occurred before its enactment, but a change in procedural law is not retroactive when applied to proceedings that take place after its enactment. [Citation.] It is arguable that the amendments to the DSL should be viewed as coming within the latter category and that they are, therefore, applicable to any sentencing proceedings conducted after the effective date of those amendments." (People v. Sandoval, supra, 41 Cal.4th at p. 845.)