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 legislation took effect, unless the amendment expressly limits itself to prospective application. It concluded that the specific postconviction provision governing significant changes in criminal law overrides the generally applicable presumptions of prospectivity, and therefore Stellabotte was entitled to sentencing under the amended theft statute. The court affirmed the court of appeals and remanded for resentencing on the two felony theft counts. Chief Justice Coats, joined by Justice Boatright, dissented, arguing that retroactivity depends on demonstrated legislative intent and that the majority misread prior precedent.