Jackson v. Super. Ct.
Opinion
Opinion
Filed 2/28/
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
ELIJAH JACKSON, D084751
Petitioner, (San Diego County Super. Ct. No. SCD300281) v.
THE SUPERIOR COURT OF
SAN DIEGO COUNTY,
Respondent;
THE PEOPLE,
Real Party in Interest.
ORIGINAL PROCEEDING in mandate. Petition granted.
Jo E. Super, Chief Deputy Public Defender, and Sadaf Tajzoy Hane, Deputy Public Defender for Petitioner. Summer Stephan, District Attorney, Linh Lam, Valerie Ryan, and Sara Staninger, Deputy District Attorneys, on behalf of Real Party in Interest. No appearance for Respondent. Petitioner Elijah Jackson was charged with a firearm possession offense after police discovered a handgun during a search of the car he had been driving. Jackson filed a motion under the California Racial Justice Act of 2020 (Racial Justice Act) (Stats. 2020, ch. 317, § 1) claiming that the police stopped and searched his car because he is Black. The superior court denied Jackson’s motion for failure to state a prima facie violation under the Racial Justice Act. Because we conclude Jackson produced facts, if true, that…