People v. Rosno CA5

DISCUSSION

As he did in the trial court, Rosno argues the trial court violated his constitutional right to equal protection of the laws because a defendant convicted of violating section

All statutory references are to the Penal Code. The conditions specified in section 4852.01, subdivision (c) are (1) the accusatory pleading must first be dismissed pursuant to section 1203.4, (2) the petitioner may not have been incarcerated in any penal institution since the accusatory pleading was dismissed, (3) the petitioner cannot be on probation for the commission of any other felony, and (4) the petitioner presents evidence he or she has lived in the state for the five years preceding the filing of the petition.

2. 261.5, subdivision (d), nonforcible intercourse with a victim under age 16 when the perpetrator is over 21, is similarly situated, and he or she is not prevented from obtaining a certificate of rehabilitation by section 4852.01, subdivision (d). “‘“The concept of the equal protection of the laws compels recognition of the proposition that persons similarly situated with respect to the legitimate purpose of the law receive like treatment.”’ [Citation.] ‘The first…