People v. Moya

WHITE, P. J., Dissenting.

I respectfully dissent.

In 1975, the Supreme Court held in Murgia v. Municipal Court (1975) 15 Cal.3d 286 [124 Cal.Rptr. 204, 540 P.2d 44], that “[njeither the federal nor the state Constitution countenances the singling out of an invidiously *1314selected class for special prosecutorial treatment. ... If an individual can show that he would not have been prosecuted except for such invidious discrimination against him, a basic constitutional principle has been violated, and such prosecution must collapse upon the sands of prejudice.” (Id., at p. 290.) Consequently, the…