Opinion
S281360
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) and requests the disclosure of discovery. In this respect, petitioner alleges that he received an excessive sentence due to “racial discrimination and deliberate retaliation” by the trial judge and prosecutor.
The petition does not satisfy the statutory requirements for the disclosure of discovery. (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].)
The petition also 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 how they involved defendant being charged, convicted, or sentenced in a manner violative of the Racial Justice Act. 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 request for discovery is denied. The petition for writ of habeas corpus is denied.