What is the test for an increase in the maximum sentence for a criminal conviction where the crime was committed prior to the criminal conviction?

California, United States of America


The following excerpt is from People v. Mills, 6 Cal.App.4th 1278, 8 Cal.Rptr.2d 310 (Cal. App. 1992):

(iv) Finally, in People v. Venegas (1970) 10 Cal.App.3d 814, 89 Cal.Rptr. 103 (a case concerning the applicability of an increase in the maximum sentence for a "felon in possession" conviction, where the increase had been legislatively adopted after the prior felony had been committed), the court stated: "Section 12021, as amended in 1965, was on the books for years prior to defendant's violation of section 12021 on March 12, 1969, and for which he was convicted. A statute is not retroactive in operation merely because it draws upon facts antecedent to its enactment for its operation. [Citation.]" (10 Cal.App.3d at p. 823, 89 Cal.Rptr. 103.) Venegas is somewhat different in principle than the above cases; however, it dealt only with the applicability of an increase in a penalty for the commission of a subsequent crime, the commission of which crime was a given.

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