What is the legal test for retroactive application of an amendment to the Criminal Code when a decision is final?

(B236012)), and the remittitur was issued on December 27, 2012, indicating that the decision was final. For the purpose of determining retroactive application of an amendment to a criminal statute "a judgment is not final 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.) For defendant, that time passed on March 27, 2013, which was the last day he could have filed a petition for writ of certiorari from the judgment of conviction in case No. TA116538.