Opinion
S281704
01-31-2024
NGUON (HUNG DUONG) 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 appointment of counsel. The petition does not satisfy the statutory requirements for the appointment of counsel under the Racial Justice Act. (Pen. Code, § 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 trial court transcripts concerning displays of racial bias or use of racially discriminatory language, and he does not explain why he believes he was charged or convicted of a more serious offense or had a longer or more severe sentence imposed as a result of his race, ethnicity, or national origin. (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 request for counsel is denied. The petition for writ of habeas corpus is denied.