California v. Noyan
Annotate this CaseDefendant Drake Noyan was sentenced to state prison for various drug-related charges pursuant to a negotiated plea. Noyan's appeal presented two issue for the Court of Appeal's review: (1) that the court abused its discretion in refusing to reinstate him on probation; and (2) that the differing applications of Penal Code section 1170, subdivision (h) to Penal Code sections 4573 and 4573.5 violated equal protection by requiring him to serve his sentence in state prison instead of county jail. After review, the Court of Appeal rejected defendant's probation claim but agreed that section 4573.5 treated similarly situated classes of offenders differently, and there was no rational basis for the disparate treatment. The Court reformed the statute and modified the judgment accordingly.
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