What is the effect of Proposition 47 on a defendant's equal protection claim?

California, United States of America


The following excerpt is from People v. Jones, A144224 (Cal. App. 2015):

Defendant's arguments to the contrary, asserted in his supplemental brief, are without merit. First, defendant contends that his conviction violates his right to equal protection under the Fourteenth Amendment. He argues that an individual with his criminal history, convicted of possession of cocaine after passage of Proposition 47, would receive the benefit of the lower punishment, but that he does not because he was convicted before the law was changed. Numerous courts, however, have rejected similar equal protection challenges premised on "the timing of the effective date of a statute lessening the punishment for a particular offense." (People v. Floyd (2003) 31 Cal.4th 179, 188.)

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