California, United States of America
The following excerpt is from People v. Grayson, C073803 (Cal. App. 2015):
Lastly, we are not persuaded by defendant's contention that failing to apply Proposition 47 retroactively violates equal protection principles. Numerous courts 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.) Indeed, legislative bodies " 'may specify that such statutes are prospective only, to assure that penal laws will maintain their desired deterrent effect by carrying out the original prescribed punishment as written' " (ibid.) and may even deny retroactive application simply to avoid " 'remandments for additional sentencing hearings' " (id at p. 190) for persons sentenced prior to the effective date of the measure. Accordingly, we conclude the prospective-only application of Proposition 47 does not violate equal protection principles.
Page 15
The judgment is affirmed.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.