California, United States of America
The following excerpt is from People v. Gayther, 110 Cal.App.3d 79, 167 Cal.Rptr. 700 (Cal. App. 1980):
Defendant relies on People v. Olivas (1976) 17 Cal.3d 236, 131 Cal.Rptr. 55, 551 P.2d 375, in support of the contention that section 264.2 denies him equal protection of the law because it singles out a [110 Cal.App.3d 91] class of persons convicted rapists and subjects them to mandatory prison sentences with no opportunity for the sentencing court to consider mitigating factors.
In Smith v. Municipal Court, supra, 78 Cal.App.3d 592, 144 Cal.Rptr. 504, the court rejected the identical contention that the equal protection of the law was denied because the statute singled out a group of
Page 707
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.