People v. Noyan
California Court of Appeal
1Opinion of the Court
Opinion
RAYE, P. J.
Defendant Drake Nicholas Noyan was sentenced to state prison for various drug-related charges pursuant to a negotiated plea. In his appeal, we consider two claims, one personal to Noyan, that the court abused its discretion in declining to reinstate him on probation, and another with wider implications, that the differing applications of Penal Code section 1170, subdivision (h) (hereafter section 1170(h)) 1 to Penal Code sections 4573 and 4573.S 2 violate equal protection by requiring him to serve his sentence in state prison instead of county jail. 3 We reject his probation…
2Cases cited25 opinions
- Nordlinger v. HahnSupreme Court of the United States · 1992
- Lawrence v. TexasSupreme Court of the United States · 2003
- McGinnis v. RoysterSupreme Court of the United States · 1973
- People v. Eric J.California Supreme Court · 1979
- People v. BurgenerCalifornia Supreme Court · 2003
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3Cited by34 opinions
- People v. ShabazzCalifornia Court of Appeal · 2015
- People v. ScarbroughCalifornia Court of Appeal · 2015
- People v. K.P., California Court of Appeal, 5th District2018
- People v. Valenzuela, California Court of Appeal, 4th District2016
- People v. Ruff, California Court of Appeal, 5th District2016
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