Turnage

Defendant Barry Allen Turnage, an ex-felon on probation, planted an object near a government building that resembled a bomb (but lacked explosive content), and that caused fear and disruption when discovered. Defendant was convicted, as charged, of one felony count of violating Penal Code section 148.1, subdivision (d) (section 148.1(d) or the false bomb statute). As pertinent here, section 148.1(d) allows felony or misdemeanor punishment for anyone who maliciously places “any false or facsimile bomb” with the intent to cause another person to fear for his own safety or the safety of others. Defendant’s sentence included a 25-year-to-life “Three Strikes” term based on the section 148.1(d) felony count and his prior serious and violent felony convictions.

On appeal, defendant claimed that the felony provision under which he was convicted and sentenced denied him equal protection of the law when compared to an entirely different statute, section 11418.1. The latter provision provides, in pertinent part, that anyone who places “any false or facsimile of a weapon of mass destruction” (WMD) with the intent to cause fear in others is guilty of a misdemeanor. A violation of…