Does a change in sentencing law that benefits defendants under current law violate equal protection?

California, United States of America


The following excerpt is from People v. Posada, C079119 (Cal. App. 2016):

convicted under the current law. " 'The Fourteenth Amendment does not forbid statutes and statutory changes to have a beginning and thus to discriminate between the rights of an earlier and later time.' [Citation.] The same rule applies to changes in sentencing law that benefit defendants." (People v. Lynch, supra, 209 Cal.App.4th at p. 359.) Because defendant is not similarly situated with individuals sentenced under the recent legislative amendments, his treatment does not offend equal protection.

The order denying defendant's petition is affirmed.

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