What is the test for determining retroactive application of an amendment to the criminal statute?
California, United States of America
The following excerpt is from People v. Nieto, F079049 (Cal. App. 2020):
4. When "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.)
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