People v. Jennings

In People v. Jennings (2000) 81 Cal.App.4th 1301, the reviewing court rejected this same argument. (Jennings, supra, 81 Cal.App.4th 1301.) First, the court rejected the premise that domestic violence defendants are similarly situated to defendants charged with other criminal offenses, and found that on its face, section 1109 treats all domestic violence defendants equally. (Jennings, at p. 1311.) Second, the court concluded that the rational basis test, rather than strict scrutiny, is applicable to an examination of section 1109, because section 1109 "does not infringe on a defendant's right to due process, a fair trial, . . . conviction by proof beyond a reasonable doubt," or liberty. (Jennings, at p. 1312.) Third, the court applied the rational basis test, and concluded that the Legislature could rationally distinguish between domestic violence defendants and other criminal defendants, because domestic violence cases have an unusual emphasis on credibility of the defendant and the victim. (Id. at p. 1313.)