What is the test for determining whether someone who has served time in prison for a felony while serving time for a similar crime has been reduced to a lesser criminal offence?

situated for all purposes, but 'whether they are similarly situated for purposes of the law challenged.' " ' " (People v. Losa (2014) 232 Cal.App.4th 789, 792-793.)

Defendant fails to convince us someone who served a prison term for a felony and had his or her subsequent sentence enhanced therefor while the prior offense was a felony, is similarly situated to someone whose prior conviction was reduced to a misdemeanor before it was used to enhance his or her current sentence.⁶ In any event, it is settled that "[t]he right to equal protection of the law generally does not prevent the state from setting a starting point for a change in the law. '[T]he Fourteenth Amendment does not forbid statutes and statutory changes to have a beginning and thus to discriminate between the rights of an earlier and later time.' [Citation.] The same rule applies to changes in sentencing law that benefit defendants." (People v. Lynch (2012) 209 Cal.App.4th 353, 359.)

The judgment is affirmed.

Defendant's request for judicial notice is denied.

Footnotes:

^*. Before Gomes, Acting P.J., Detjen, J. and Pea, J.

^1. All statutory references are to the Penal Code unless otherwise noted.