Is there a rational basis for a reduction in the sentence of a defendant who committed a crime against an elderly adult?

Defendant's offense was qualitatively different from the theft offenses listed in Proposition 47. He committed a crime against an elder adult, and, as the trial court pointed out, elder adults are a protected group of people. Section 368, subdivision (a), provides that "[t]he Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, . . ." (See People v. Eastburn (2010) 189 Cal.App.4th 1501, 1506 ["The elder abuse law is intended to provide special protection for elder adults, whose advanced age may render them particularly susceptible to criminal opportunists."]) Thus, there is a rational basis for treating defendant's offense more harshly than other theft offenses. (See People v. Alvarez (2001) 88 Cal.App.4th 1110, 1116 [finding the rational basis test applicable to equal protection challenge involving "an alleged sentencing disparity"].)

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