Andrews
People v. Andrews
Opinion
Opinion
Huffman, J.
This case presents the question of whether a defendant may claim a denial of equal protection because the district attorney of the county in which the prosecution occurs complies-more strictly with the three strikes law (Pen. Code, § 667, subds. (b)-(i)) than would be the case in the City and County of San Francisco. We will find that differences in the application of the law by local prosecutors, not based on invidious discrimination, do not rise to the level of a denial of equal protection.
Theodore Lavord Andrews was convicted by a jury of possession of cocaine base in violation of Flealth and Safety Code section 11350, subdivision (a), and two related misdemeanors. The court found true four prison priors within the meaning of section 667.5, subdivision (b), and three serious/violent felony prior convictions within the meaning of section 667, subdivisions (b) through (i).
The trial court denied requests to strike at least two of the serious/violent felony priors. The court did, however, strike the four prison priors. Andrews was sentenced to an indeterminate term of 25 years to life pursuant to section 667, subdivision (e)(2).