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PEOPLE v. DELGADO

No. A109991.

45 Cal.Rptr.3d 501 (2006)

140 Cal.App.4th 1157

The PEOPLE, Plaintiff and Respondent, v. Margarito Martinez DELGADO, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

June 27, 2006.

Attorney(s) appearing for the Case

James F. Johnson, under appointment by the Court of Appeal under the First District Appellate Project Independent-Case System, San Francisco, for Appellant.

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.

RUVOLO, P.J.

The only issue on appeal is whether the constitutional ban on ex post facto laws prohibits the imposition of probation conditions pursuant to Penal Code1 section 1203.097, governing cases involving domestic violence, where the underlying offenses were committed before the statute was enacted. We hold that application of section 1203.097 in this case violates ex post facto principles...

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