CC 207: Proof Need Not Show Actual Date: Ex Post Facto Violation
August 29th, 2016
In People v. Rojas (2015) 237 CA4th 1298, 1306-07 the defendant argued that a modified version of CC 207 resulted in an ex post facto violation because the instruction allowed the jurors to convict Rojas of violating PC 288.7(a) based on events which occurred prior to the effective date of the statute.
“It is the prosecution’s responsibility to prove to the jury that the charged offenses occurred on or after the effective date of the statute providing for the defendant’s punishment.” (People v. Hiscox (2006) 136 CA4th 253, 256.)
Because the record in Rojas allowed for reasonable doubt over whether Count 2 was based on an act that occurred on or after the effective date of the statute, the conviction was reversed. (People v. Rojas, 237 Cal. App. 4th 1298, 1304-07.)
Tags: CC 207, Ex Post Facto