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PEOPLE v. SMITH

Docket No. A042035.

206 Cal.App.3d 599 (1988)

253 Cal. Rptr. 673

THE PEOPLE, Plaintiff and Respondent, v. KENNETH JAMES SMITH, SR., Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

December 13, 1988.

Attorney(s) appearing for the Case

COUNSEL

Kathy M. Chavez, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Blair F. Hoffman and Christopher W. Grove, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STRANKMAN, J.

The sole question in this appeal is whether imposition of a five-year enhancement under Penal Code section 667 denied appellant equal protection because the statute contains no washout provision for remote convictions, as do other recidivist enhancement statutes. We reject appellant's constitutional challenge to the statute, and affirm the judgment.

I...

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