Is a judgment final for retroactive application of an amendment to the criminal statute lessening punishment?
California, United States of America
The following excerpt is from The People v. Francis Xavier Guilfoyle II, H033779, No. CC801147 (Cal. App. 2010):
15. A judgment is not final for the purpose of retroactive application of an amendment to a criminal statute lessening punishment until the time for petitioning for a writ of certiorari in the United States Supreme Court has passed. (People v. Vieira (2005) 35 Cal.4th 264, 306.)
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