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PEOPLE v. ROMAN, b145118, b149269

The judicial doctrine of abatement, which applies when the Legislature amends a criminal statute lessening punishment for an offense and intends the amended statute to be applied retrospectively to judgments of conviction not yet final, does not apply to a district attorney's directive on case prosecution.

Appellate Information

  • Decided 09/06/2001
  • Published 09/06/2001


  •  GRIGNON, Acting P.J.


  • California Court of Appeal


  • For Appellees:
  •  William M. Duncan, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Acting Chief Assistant Attorney General, Marc E. Turchin, Acting Senior Assistant Attorney General, Pamela C. Hamanaka, Supervising Deputy Attorney General, Thomas C. Hsieh, Deputy Attorney General, for Plaintiff and Respondent.
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