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Name: People v. Alvarez
Case #: E026734
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/04/2001
Subsequent History: Rev. den. 8/15/01

Appellant was convicted of murder and sentenced to 25 years to life, plus an additional sentence of 25 years to life for the use of a firearm, pursuant to Penal Code section 12022.53, subdivision (d). The imposition of the enhancement did not violate his equal protection rights under the federal and state Constitutions because murderers using other deadly weapons are subject to less harsh sentences. Section 12022.53, subdivision (d), meets the strict scrutiny test in that there are compelling state interests for the provision and such interests could not be addressed by less restrictive means. The provision was reasonably written in furtherance of its purpose of deterring gun use.