California Court of Appeal

In a challenge to the constitutionality of a penal code amendment making prison gang members, who are placed in an administrative segregation unit upon validation, ineligible to earn sentence reduction conduct credits during such placement, petition for relief is denied where: 1) amendment does not apply retrospectively to petitioner and therefore his ex post facto argument fails; and 2) the determination that petitioner has chosen to remain an active prison gang member was supported by the applicable legal standard of "some evidence."

Appellate Information

• Decided 11/04/2011
• Published 11/04/2011

Judges

• BUTZ

Court

• California Court of Appeal

Counsel