People v. Ibarra CA4/2

FACTS

In defendant’s discovery motion under the RJA, he asserted he was seeking

discovery “[t]o facilitate the presentation of [a] writ of habeas corpus.” Defendant

declared the following racist acts occurred during his felony case: (1) the prosecutor,

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Ms. Robinson, did not offer him a plea deal; and (2) Ms. Robinson dismissed a potential

juror who was African-American and a potential juror who was a “[f]emale of Latin

dissent.” Defendant requested many documents from the Riverside County District

Attorney’s Office including records from 2006 through 2023 of (1) peremptory

challenges by Ms. Robinson; and (2) every case in which the District Attorney’s Office

did not offer a plea deal. The discovery motion was not filed in connection with a

pending writ petition or other pending proceeding.

In denying defendant’s motion, the trial court remarked that it was “unclear

whether section 745 creates a mechanism for post-conviction discovery unrelated to any

existing claim for cases final on appeal. [Citation.] But, even if the section conferred

jurisdiction to consider a freestanding…