People v. Santibanez

Opinion

FRANSON, J.

Appellant appeals his conviction following a plea of nolo contendere to violation of Penal Code section 288a, subdivision (e) — participating in an act of oral copulation while confined in the Kern County jail. Appellant’s sole contention is that the statute is unconstitutional in that it violates his fundamental right of sexual privacy, denies him equal protection of the law, and imposes cruel and unusual punishment. For the reasons to be explained, we hold that the statute withstands these constitutional challenges.

Appellant argues that the constitutional right to privacy…