Does a defendant have to have at least two prior "strike" convictions to prove an equal protection violation?

California, United States of America

The following excerpt is from People v. Cooper, 43 Cal.App.4th 815, 51 Cal.Rptr.2d 106 (Cal. App. 1996):

Read together, People v. Olivas and In re Eric J. support the conclusion that an equal protection analysis requires the classes being compared to be truly similarly situated. Persons with two prior "strike" felony convictions are not similarly situated with persons with fewer or no prior "strike" convictions, regardless of the character of their present offense. Accordingly, appellant cannot show an equal protection violation.

[43 Cal.App.4th 831]

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