K.P.

*328 *336 A jury found K.P. not guilty by reason of insanity after he shot and killed his father. In this appeal, we address whether the recent amendment to subdivision (h) of Penal Code 1 section 12022.53, giving a trial court discretion to strike or dismiss a firearm enhancement, applies retroactively to a person-whose case is not yet final-committed to a state hospital after *337 being found not guilty by reason of insanity. 2 As we shall explain, we conclude that amended section 12022.53 does not apply to an insanity acquittee.

Anticipating this result, K.P. contends that denying an insanity acquittee the ability to have a firearm enhancement under section 12022.53, subdivision (d) dismissed based on a trial court's exercise of discretion under section 12022.53, subdivision (h) violates the equal protection clause of the state and federal constitutions. We disagree as a rational basis exists for the disparity.

BACKGROUND

Seventeen-year-old K.P. was charged as an adult with murder after he walked into his father's bedroom and shot him five times with a shotgun. (§ 187, subd. (a).) Fearing that his father might get up and kill him, K.P. ran back to his bedroom, grabbed a…