People v. Arellano

*282On rehearing, the Court’s original opinion in this case, announced February 19, 1974, is withdrawn.

Appellant Eugene E. Arellano was convicted of possession of narcotic drugs in violation of C.R.S. 1963, 48-5-2, and, on March 14, 1969, was. sentenced to the state penitentiary. On appeal, his conviction was affirmed in People v. Arellano, 177 Colo. 286,493 P.2d 1362.

While appellant’s appeal was pending, the statute under which he was sentenced was amended effective July 1, 1971, to substantially reduce the penalty for violation thereof. 1971 Perm. Supp., C.R.S. 1963, 48-5-20(7)(a).

After…