Opinion
S282328
05-29-2024
WASHINGTON (RODERICK) 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). In this respect, petitioner alleges that he was subjected to racial bias by a judge, prosecutor, and counsel “who withheld evidence of restitution . . . to justify sentencing to prison as punishment and retaliation” that he was “over-sentenced under RJA as punishment for complaining: about the judge, prosecutor, and counsel; that the judge improperly limited defense argument regarding sentencing; that fabricated material was introduced against him; that a misdemeanor conviction was erroneously elevated to a felony; and that he was convicted upon perjured and insufficient evidence.
The petition fails to make a prima facie showing of entitlement to relief under the Racial Justice
Act. (Pen. Code, § 1473, subd. (e).) The petition fails to allege particularized facts that adequately describe the alleged actions and how they reflected racial bias or animus, or to support the claim that defendant was charged, convicted, or sentenced in a more severe manner than similarly situated individuals of other races, ethnicities, or national origins. Nor does petitioner describe or attach supporting documentary evidence concerning racial bias or animus or the 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 petition for writ of habeas corpus is denied.