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Name: People v. Wilkinson
Case #: B145982
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 07/25/2002
Subsequent History: Rev. granted 12/11/02: S111028

The statutes prohibiting battery on a custodial officer in the performance of his duties by one who should reasonably know the victim is a custodial officer (Penal Code section 243.1 (straight felony), section 243, subdivision (b) (identifical conduct, straight misdemeanor), and section 243, subdivision (c)(1) (same conduct plus the victim is injured, a wobbler)) violate equal protection. They permit the prosecutor to arbitrarily subject violators who commit less egregious conduct to greater punishment than those committing more serious acts.