People v. Stellabotte

Summary

The Colorado Supreme Court held that ameliorative amendatory legislation applies retroactively to convictions that were not final when the amendment took effect, unless the amendment expressly limits application to the future. The court concluded that section 18-1-410(1)(f), C.R.S., provides an exception to the general presumption of prospective statutory operation. It affirmed the judgment requiring John Stellabotte to receive the benefit of a theft-statute amendment that reduced the classification and corresponding sentence for his felony theft convictions.

Holdings

1. Ameliorative, amendatory criminal legislation applies retroactively under section 18-1-410(1)(f) to convictions that were not final when the amendment became effective, unless the amendment contains language indicating that it applies only prospectively.
2. Section 18-1-410(1)(f) is a specific statutory exception to the general presumptions of prospective application in sections 2-4-202 and 2-4-303.
3. Stellabotte was entitled to the ameliorative effect of the 2013 theft amendment because his convictions were not final when the amendment became effective and the amendment was silent regarding prospectivity.

Questions Presented

1. Whether an ameliorative amendment to a criminal statute that is silent regarding retroactive or prospective application applies retroactively to a conviction that was not final when the amendment became effective.
2. Whether section 18-1-410(1)(f), C.R.S. (2017), operates as an exception to the general presumptions of prospective application in sections 2-4-202 and 2-4-303, C.R.S. (2017).
3. Whether Stellabotte was entitled to resentencing under the 2013 amendment to the theft statute.

Disposition

affirmed