What is the test for retroactive application in the context of a change in the criminal code to criminal code?
California, United States of America
The following excerpt is from People v. Martinez, 20 Cal.4th 225, 83 Cal.Rptr.2d 533, 973 P.2d 512 (Cal. 1999):
Accordingly, retroactive application turns on whether the change effects "an unforeseeable judicial enlargement of a criminal statute" (Bouie v. Columbia, supra, 378 U.S. at p. 353, 84 S.Ct. 1697) and whether defendant had "fair warning that ... contemplated conduct constitutes a crime." (Id. at p. 355, 84 S.Ct. 1697.)
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