Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles?
California, United States of America
The following excerpt is from People v. Rankin, F075406 (Cal. App. 2019):
"[N]either the existence of two identical criminal statutes prescribing different levels of punishments, nor the exercise of a prosecutor's discretion in charging under one such statute and not the other, violates equal protection principles." (People v. Wilkinson (2004) 33 Cal.4th 821, 838.)
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