People v. Pratt

California Court of Appeal Jun 6, 1924 No. Crim. No. 1169.Published

Before: Tyler

AI Brief

AI-generated · verify before citing

Holding. The court held that an amendment to a criminal statute regarding sentencing discretion does not apply retroactively to offenses committed prior to the amendment's effective date.

Issues

Whether an amendment to Penal Code section 264 regarding jury discretion in sentencing applies to an offense committed before the amendment's enactment.

Disposition. affirmed

Quotations verified verbatim against the opinion

“an amendment to a statute as to the penalty does not apply to offenses committed prior to the amendment.”

“the amendment must be given a prospective operation only.”

TYLER, P. J.

Defendant was accused, tried and convicted of the crime of rape. A motion for a new trial was made and denied. The accusation was based upon section 261, subdivision 1, of the Penal Code condemning acts of sexual intercourse with females under the age of eighteen years. The prosecutrix was of the age of fifteen years, and

[607]

the act was accomplished upon her with her consent on January 6, 1923. Trial was had in October of the same year, and judgment was pronounced the November following. At the time the offense was charged section 264 of the Penal Code read as follows: “Rape is punishable by imprisonment in the state prison not more than fifty years, except where the offense is under subdivision 1 of section 261 of the Penal Code, and the female is over the age of sixteen years and under the age of eighteen years, in which case the punishment shall be by imprisonment in the county jail for not more than one year, or in the state prison for not more than fifty years, and in such case the jury shall determine by their verdict whether the punishment shall be by imprisonment in the county jail or in the state prison.”

It will be observed that under this section a minimum sentence may be imposed by the jury, in their discretion, when the female is over the age of sixteen and under the age of eighteen years, where the prosecution is had under subdivision 1 of section 261. In the exercise of this discretion, therefore, an offense committed under this subdivision could have been made a felony or a misdemeanor by the jury provided the female was over the age of sixteen and under the age of eighteen years.

After the alleged commission of the offense and prior to the trial, verdict and sentence the legislature in 1923 (Stats. 1923, p. 271) amended this section in two particulars. It emasculated therefrom the age of the female, leaving it discretionary with the jury to determine by their verdict whether in any case and irrespective of the age of the female an offense charged under subdivision 1 of section 261 Avas a misdemeanor or a felony. The amendment also provided that the trial court in the event of a plea of guilty might, in imposing sentence, also exercise a like discretion.

This section as amended in 1923 became effective ninety days after May 18, 1923, which was, as above stated, prior to the trial.

People v. Pratt

AI Brief

TYLER, P. J.

More from California Court of Appeal

Related research

AI Brief