People v. Douglas M.

Douglas M. appeals from an order modifying his probation, pursuant to amended Penal Code section 1203.067, which sets forth various new probation conditions for registered sex offenders. Because the presumption of prospectivity of Penal Code statutes, mandated by section 3, cannot be rebutted, we conclude that the provisions of revised section 1203.067 may not be applied retroactively to change the terms and conditions of probation for probationers who committed their offenses before the effective date of the amendment. As appellant’s offenses occurred well before that date, the trial court improperly modified the terms and conditions of his probation to include the new provisions.

PROCEDURAL BACKGROUND

On May 10, 2006, appellant was charged by complaint in Shasta County Superior Court with one count of continuous sexual abuse of a child (§ 288.5, subd. (a)), and one count of lewd or lascivious acts on a child under age 14 (§ 288, subd (a)). The offenses allegedly were committed between July 2005 and March 2006.

On September 8, 2006, pursuant to a negotiated disposition, the complaint was amended and appellant pleaded guilty to two counts of lewd and lascivious acts on…