THE PEOPLE v. BATMAN
Trial court's imposition of DNA penalty assessment under Government Code Sec. 76104.6 against defendant violated constitutional prohibition on ex post facto laws because defendant's criminal act preceded section's enactment and assessment was a penalty where it was explicitly designated a penalty; calculated in direct proportion to other fines, penalties, and forfeitures imposed; collected using same provision for collecting state penalty assessment; and used primarily for future law enforcement purposes.
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