Is it a violation of equal protection to punish a defendant convicted of transporting heroin?
California, United States of America
The following excerpt is from People v. Petronella, G044628 (Cal. App. 2013):
People v. Cortez (1985) 166 Cal.App.3d 994 presents an analogous circumstance. A defendant convicted of transporting heroin argued it was "'a violation of equal protection to punish'" more seriously one whose "'possession of heroin for personal use . . . was not "stationary,"'" than "one who possesses heroin for personal use, but is not in motion when arrested . . . ." (Id. at p. 999.) The appellate court rejected this
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