California, United States of America
The following excerpt is from People v. Locke, A133617 (Cal. App. 2012):
Appellant contends that People v. Sage (1980) 26 Cal.3d 498 (Sage) compels the conclusion that the two groups affected by section 4019(h) are similarly situated. Sage addressed a prior version of section 4019 which allowed conduct credits to be earned by inmates who were eventually convicted of misdemeanors but not those who were eventually convicted of felonies. (Id. at p 507.) The Sage court found that this provision violated equal protection because there was no rational basis for treating prisoners differently solely based on whether they were eventually convicted of misdemeanors or felonies. (Id. at p. 508.)
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