What is the test for retroactive application of an amendment to the Criminal Code when a judgment is not final?
California, United States of America
The following excerpt is from People v. Navarro, E070865 (Cal. App. 2019):
3. 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 elapsed. (People v. Vieira (2005) 35 Cal.4th 264, 306.)
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