Is a convicted felon entitled to the equal protection of the laws as a result of his conviction?

California, United States of America


The following excerpt is from People v. Benson, G057344 (Cal. App. 2020):

Defendant contends if he is "not afforded some avenue of relief, . . . then his right to the equal protection of the laws would be violated." Defendant has suffered no equal protection violation. As a felon who was sentenced to state prison, defendant is similarly situated to other former prisoners not to probationers and can seek relief from his felony convictions through the procedures set out in section 4852.01 et seq. or any other statute that may apply to him. (People v. Borja, supra, 110 Cal.App.3d at p. 382.)

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