What is the test for the purpose of classifying a person as a "similarly situated" person?

we consider whether it affords different treatment to similarly situated persons. [Citation.] Unless the law treats similarly situated persons differently on the basis of race, gender, or some other criteria calling for heightened scrutiny, we review the legislation to determine whether the legislative classification bears a rational relationship to a legitimate state purpose. [Citation.] If so, it will be upheld." ( People v. Moreno (2014) 231 Cal.App.4th 934, 939, 180 Cal.Rptr.3d 522.)