California Court of Appeal

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IN RE JOSE Z., F042747

In preserving juvenile court judges' discretion to incarcerate nonviolent juvenile drug offenders, while removing superior court judges' discretion to incarcerate nonviolent adult drug offenders, Proposition 36 addresses itself to liberty interests that are qualitatively different. Thus, it does not violate equal protection.

Appellate Information

  • Decided 03/10/2004
  • Published 03/10/2004



  • California Court of Appeal


  • For Appellees:
  •  Rex A. Williams, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Carlos A. Martinez and Virna L. DePaul, Deputy Attorneys General, for Plaintiff and Respondent.
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