California Court of Appeal

Judgment sentencing defendant to five years and four months in state prison for various drug-related charges pursuant to a negotiated plea is modified, where: 1) the disparate application of Penal Code section 1170(h) to Penal Code section 4573 (and not to section 4573.5) violates equal protection by requiring defendant to serve his sentence in state prison instead of county jail; 2) section 4573.5 treats similarly situated classes of offenders differently, with no rational basis for the disparate treatment; and 3) section 4573.5 should be reformed to make reference to the sentencing provisions of section 1170(h).

Appellate Information

• Decided 12/17/2014
• Published 12/17/2014

Judges

• Raye

Court

• California Court of Appeal

Counsel