In Re Estate of Donald M. Mcendaffer

On June 4, 1974, Evert Owen Litsey, the petitioner herein, was convicted of a class 4 felony which carried a maximum penalty of 10 years in the State of Penitentiary. An habitual criminal count had been filed in connection with this felony. Since Litsey had been convicted of felonies in 1961 and 1962, he was sentenced to 15-20 years in the State Penitentiary pursuant to the provisions of the statute providing for enhanced penalties for those who had previous felony convictions. On July 1, 1976, the "habitual" criminal statute was amended to exclude from its sentence enhancing provisions consideration of felonies committed more than 10 years before the commission of the crime for which the person was being sentenced. Section 16-13-101, C.R.S. 1973 (1976 Supp.).