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Name: People v. Fryman
Case #: H020743
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/30/2002
Subsequent History: Rev. Granted 7/31/02: S107283; transferred to the Court of Appeal for reconsideration in light of People v. Floyd (2003) 31 Cal.4th 179

The distinction drawn in Proposition 36’s prospective-only provision between those who are convicted before July 1, 2001, whose judgments are not yet final, and those convicted after that date affects a fundamental interest in liberty. The distinction is not justified by a compelling state interest. The drastic difference in treatment (incarceration for life versus probation) denies equal protection of the law.