In Re Kirk

This case presents the same problem involved in In re Estrada, ante, p. 740 [48 Cal.Rptr. 172, 408 P.2d 948], this day decided. That problem, as applied to this case, is whether petitioner is entitled to the benefits of a statute ameliorating the punishment passed after the criminal act was committed but before the judgment of conviction became final. In the Estrada case, supra, we held that an accused man was entitled to the benefits of the amendatory act. Under the rule there announced petitioner in the instant case is also entitled to the benefit of the amendatory act.

Petitioner is…