People v. Harris

BERMAN, Judge.

Defendant appeals his jury-trial conviction of second degree murder. We affirm.

Defendant was convicted on May 13, 1977, under § 18-3-103(l)(b), C.R.S. 1973. This subsection of the statute was repealed effective July 1, 1977. Colo.Sess.Laws 1977 § 67 at 971. Although defendant does not challenge his conviction on the basis of such repeal, it is useful to note at the outset that “[t]he repeal ... of any . . . part of a section of any statute shall not have the effect to release . . . any penalty . . ., either civil or criminal, which shall have been incurred under such statute,…