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Name: People v. Taylor
Case #: C036054
District 3 DCA
Opinion Date: 10/29/2001
Subsequent History: Rev. denied 1/29/02.

Penal Code section 12022.53, which imposes a mandatory 10-year term for personally using a firearm in specified crimes does not violate federal or state equal protection by applying to attempted robbery and not to other crimes such as assault with a firearm. There is a basis for distinguishing the two crimes; attempted robbery often involves the application of violence, while assault may not. Nor is equal protection violated simply because the prosecutor has discretion to elect to file a lesser firearm enhancement under Penal Code section 12022.5. The mandatory 10-year portion of defendant’s 18-year sentence attributable to Penal Code section 12022.53 was not a cruel and unusual punishment. In light of defendant’s extensive criminal record and his current violent and serious offenses (shooting one victim nearly point blank and attempting to rob another), the 18-year term was not cruel and unusual.