The People of the State of Colorado, Petitioner v. John Arthur Stellabotte, Respondent

Summary

The court held that ameliorative criminal legislation applies retroactively to convictions that were not final when the amendment took effect, unless the amendment expressly indicates prospective application. Because the theft amendment reduced the applicable felony classification and was silent about retroactivity, Stellabotte was entitled to resentencing under the amended statute for his two felony theft convictions. Chief Justice Coats, joined by Justice Boatright, dissented, arguing that the prior decisions required a clear legislative indication of retroactivity and did not support the majority's new presumption.