McCain

Aljerome McCain pled guilty to possessing cocaine base in violation of Health and Safety Code section 11350, subdivision (a) and admitted a serious felony prior pursuant to Penal Code section 667, subdivisions (d) and (e). He was sentenced to a total term of 32 months, consisting of the lower term for the crime of possessing cocaine base, which was doubled because of his qualification as a “second strike” offender.

McCain appeals, contending the provisions of the statute limiting his ability to accrue prison credits violate his right to equal protection of the law.

Discussion

McCain was sentenced to prison under the provisions of section 667, subdivision (b) et seq., the statute commonly referred to as the “three strikes” law. Section 667, subdivision (c)(5) of that statute places limitations on the ability of persons who qualify as second or third strike offenders to earn credits against their prison sentence. Specifically, a person committed under the statute can earn no more than 20 percent of the available credits under section 2930 et seq. and thus must serve 80 percent of his or her prison sentence.

McCain argues recidivist felons such as himself who have been…