Opinion
S284236
05-01-2024
GILL (JUSTICE RASHEED) ON H.C.
The petition for writ of habeas corpus has been read and considered. Petitioner contends, among other claims, that he is entitled to relief under the Racial Justice Act of 2020 (Pen. Code, § 745) and requests the disclosure of discovery and the appointment of counsel. Petitioner alleges that his defense attorney, the prosecutor, and the trial court "conspired" to impose an excessive sentence; "Black men are 10x more likely to be incarcerated than white men"; and his attorney failed to advise him of his right to appeal. The petition does not satisfy the statutory requirements for the disclosure of discovery or for the appointment of counsel under the Racial Justice Act. (Pen. Code, §§ 745, subd. (d) [providing for disclosure of evidence relevant to violations of the Racial Justice Act; motion requesting such disclosure shall describe the types of records or information sought]; 1473, subd. (e) [providing for the appointment of counsel for an indigent petitioner who alleges facts constituting a violation of the Racial Justice Act].) Petitioner does not describe or attach supporting documentary evidence concerning racial bias or animus or the use of racially discriminatory language, he does not explain how the alleged actions of his attorneys or others reflected racial bias or animus, and he does not allege facts showing that he was charged or convicted of a more serious offense or suffered a longer or more severe sentence when compared with other similarly situated individuals. (Pen. Code, § 745, subds. (a)(1)-(4); cf. In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege sufficient facts with particularity]; cf. also People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably available documentary evidence].) The requests for discovery and counsel are denied. The petition for writ of habeas corpus is denied.