In Re Daup

This petition involves the same issue resolved today in In re Estrada, ante, page 740 [48 Cal.Rptr. 172, 408 P.2d 948]. The problem is whether, when a law providing punishment for a criminal act is amended so as to ameliorate the punishment after the act is committed but before the judgment of conviction has become final, does the law as it read when the act was committed or as amended apply? In the Estrada case, supra, it is held that the amended statute is applicable, and that People v. Harmon, 54 Cal.2d 9 [4 Cal.Rptr. 161, 351 P.2d 329], holding to the contrarv should be disapproved.

The…