California Court of Appeal

Defendant's sentence imposing probation conditions under Penal Code section 1203.097, which governs cases involving domestic violence, is vacated since the constitutional ban on ex post facto laws prohibited the imposition of probation conditions pursuant to Section 1203.097 in the case at hand, where the underlying offenses were committed before the statute was enacted.

Appellate Information

• Decided 06/27/2006
• Published 06/27/2006

Judges

• RUVOLO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James F. Johnson, under appointment by the Court of Appeal under the First DistrictAppellate ProjectIndependent-Case System, San Francisco, for Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Catherine A. Rivlin, Supervising Deputy Attorney General, for Respondent.