People v. Boyd

¶1 This case requires us to determine if Amendment 64 to the Colorado Constitution, which legalized possession of small amounts of marijuana, deprived the State of the power to continue to prosecute cases where there was a nonfinal conviction for possession of less than one ounce of marijuana and where there was a pending right to appeal (subsequently exercised by filing a timely notice of appeal) at the time the Amendment became effective. We hold that it did.

I. Facts and Procedural History

¶2 On October 27, 2011, the police arrested Respondent Pamela Boyd after she and her boyfriend sold…