Owens

Amby Gary Owens entered a no contest plea to a felony charge of operating an endless chain scheme. (Pen. Code, § 327.) In the exercise of its sound discretion, the trial court declared the conviction to be a misdemeanor. (Pen. Code, § 17, subd. (b).) He appeals contending that he was the subject of an invidious discrimination because the prosecutor’s decision to charge him with a felony was motivated solely by his status as a Los Angeles police officer. We reject this contention.

On July 13, 1995, appellant and approximately 70 other people attended a recruiting meeting for a pyramid scheme to which appellant already belonged. After the meeting, appellant accepted two envelopes, each containing $2,000, from a new member. He was the only person present at the July 13, 1995, meeting who was prosecuted. Another meeting held for the same pyramid scheme resulted in the prosecution of two Simi Valley police officers and five civilians. Although the civilians were offered misdemeanor dispositions by the district attorney, the prosecutor would accept only felony pleas from the police officers.

Appellant moved to dismiss the indictment as a discriminatory prosecution, arguing…