Salas v. DISTRICT COURT IN & FOR SECOND JUD. DIST.

This is an original proceeding. On January 2, we issued our rule to the respondent district court to show cause why petitioner should not be resentenced under the sentencing provisions of the Colorado Criminal Code. The respondent has answered and the matter is now at issue. We make the rule absolute.

Petitioner was convicted of second-degree murder on September 26, 1969, and sentenced under the provisions of 1965 Perm. Supp., C.R.S. 1963, 40-2-3(3), to a term of twenty-two years to life in the state penitentiary. The conviction was affirmed in Salas v. People, 181 Colo. 321, 509 P.2d 586.

While…