What is the test for an equal protection claim under the equal protection principles when a defendant is convicted of receiving a stolen vehicle?

California, United States of America


The following excerpt is from People v. Fernandez, E063653 (Cal. App. 2016):

Defendant also claims that equal protection principles require that his conviction for receiving a stolen vehicle be reduced to a misdemeanor. The problem is that defendant has not demonstrated that his conviction for receiving a stolen vehicle places him in a class of persons similarly situated to those who receive relief under Proposition 47. (See Cooley v. Superior Court (2002) 29 Cal.4th 228, 253 ["'The first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more similarly situated groups in an unequal manner.'"].)

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