People v. Wallace CA4/1

DISCUSSION

Wallace argues that, at most, he is no more culpable than Dean in the underlying

offense. As such, he claims his longer prison sentence is unlawful. In support of his

argument, Wallace relies on rule 4.410 as well as sections 1170 and 1170.3, which

acknowledge the court's objective of uniformity in sentencing. Section 1170 provides

that the purpose of sentencing ". . . is best served by terms proportionate to the

All further rule references are to the California Rules of Court.

Because Wallace does not challenge his conviction for the underlying offense, we will not set forth a statement of facts. It is sufficient to note that Wallace, Dean, and others, broke into the victim's apartment while she was home; and the group forced her to sever her 911 call, hit her several times, and threatened her with a gun before stealing several of the victim's and her cohabitant's belongings. 3 seriousness of the offense with provisions for uniformity in the sentences of offenders

committing the same offense under similar circumstances." (§ 1170, subd. (a)(1).)

Wallace asserts further that his rights to equal protection and due process under…