Does the timing of the effective date of a statute lessening the punishment for a particular crime violate equal protection?

California, United States of America


The following excerpt is from People v. Strickland, C078578 (Cal. App. 2016):

Defendant's claim runs afoul of the well established rule that a new law can, without violating equal protection, set a beginning date for changes in the law reducing punishment for a crime. "Defendant has not cited a single case, in this state or any other, that recognizes an equal protection violation arising from the timing of the effective date of a statute lessening the punishment for a particular offense. Numerous courts, however, have rejected such a claim--including this court. [Citations.]" (People v. Floyd (2003) 31 Cal.4th 179, 188.) The voters could limit the retroactive application of the Act without violating equal protection. They did so, and defendant's claim lacks merit.

The judgment is affirmed.

/S/_________
Mauro, J.

We concur:

/S/_________
Blease, Acting P. J.

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