What is the test for equal protection under the equal protection clause?
California, United States of America
The following excerpt is from People v. Howard, 2d Crim. No. B293360 (Cal. App. 2019):
" '[T]he first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more similarly situated groups in an unequal manner.' " (People v. Brown (2012) 54 Cal.4th 314, 328.) But the taking and posttheft driving offenses under section
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10851 are different crimes - one is a theft offense, the other is not. " ' "Persons convicted of different crimes are not similarly situated for equal protection purposes." ' " (People v. Barrera (1993) 14 Cal.App.4th 1555, 1565.)
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