People v. Graham CA1/2

BACKGROUND

On July 11, 2022, the Contra Costa County District Attorney filed an amended information charging Graham with human trafficking of a minor for

1 a sex act (Pen. Code1, § 236.1, subd. (c)(1)) (count 1), human trafficking to commit another crime (§ 236.1, subd. (b)) (count 2), pandering by procuring (§ 266i, subd. (a)(1)) (count 3), forcible oral copulation (§ 287, subd. (c)(2)(A)) (count 4), forcible rape (§ 261, subd. (a)(2)) (count 5), and possession of a firearm by a felon (§ 29800, subd. (a)(1)) (count 6). The information further alleged as an enhancement with respect to counts 4 and 5 that Graham had been previously convicted of a sexual offense (§ 667.61). The information also alleged certain aggravating sentencing factors (Cal. Rules of Court, rule 4.421(a), (b)) and that Graham had suffered four prior serious or violent felony convictions (§§ 667, subds. (a), (d), (e), 1170.12, subd. (b)).2 On February 10, 2022, Graham moved for certain discovery under the California Racial Justice Act (§ 745, subd. (d)). On March 29, the trial court denied the motion after a brief hearing, finding that the defense had not established a prima facie case that “defendant was…