Opinion
S283178
03-20-2024
JIMENEZ (JESUS CARMELO) 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. 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, §§ 1473, subds. (d), (e) [providing for the disclosure of discovery and appointment of counsel for an indigent petitioner who alleges facts constituting a violation of the Racial Justice Act].) Petitioner does not describe or attach trial court transcripts concerning displays of racial bias or use of racially discriminatory language. (Pen. Code, § 745, subd. (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.