What is the test for retroactive application of an amendment to the Criminal Code Act?
California, United States of America
The following excerpt is from People v. Norton, 109 Cal.Rptr.3d 197, 184 Cal.App.4th 408 (Cal. App. 2010):
11 "[F]or 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, supra, 35 Cal.4th at p. 306, 25 Cal.Rptr.3d 337, 106 P.3d 990.)
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