Rhodes

*1381 Opinion

We conclude in this appeal that the sentence imposed upon defendant of life in prison without the possibility of parole for the second degree murder of a peace officer in the performance of his duties does not offend equal protection principles or constitute cruel and unusual punishment. We therefore affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Defendant was charged in count one with murder (Pen. Code, § 187), 1 with personal use of a semiautomatic firearm (§ 12022.5, subd. (b)), and personal infliction of great bodily injury upon a peace officer with a firearm (§§ 12022.53, subd. (d), 12022.5, subd. (b)), along with the special circumstance and aggravating factor that the victim was a peace officer engaged in the performance of his duties (§ 190, subds. (a) & (c)(4)); in count two with attempted murder (§§ 187, 664), with personal use of a firearm (§§ 12022.5, subd. (b), 12022.53, subd. (d)); in count three with assault with a deadly weapon upon a peace officer (§ 245, subd. (b)), with personal use of a firearm (§ 12022.5, subd. (b)); and in count four with assault with a deadly weapon upon a peace officer (§ 245, subd. (d)(2)), with personal…