People v. Denard CA2/1

DISCUSSION

“The Racial Justice Act (§ 745) precludes the state from seeking or obtaining a criminal conviction or sentence on the

2 We limit our summary to the facts and procedural history

relevant to the issues raised on appeal.

3 basis of race, ethnicity, or national origin. It provides remedies upon proof of a violation for defendants in ongoing criminal prosecutions, and also for convicted defendants whose convictions are already final if they are eligible to seek relief under the application provision of the statute.” (People v. Hodge (2024) 107 Cal.App.5th 985, 999 (Hodge).) “Under the subdivision of section 745 that describes the scope of the statute’s application, defendants . . . whose judgment is already final are permitted to bring a Racial Justice Act claim only in (1) a petition for writ of habeas corpus pursuant to section 1473 (for incarcerated defendants), or (2) a motion under section 1473.7 (for defendants who are no longer in criminal custody).” (Id. at p. 1000.) Because Denard was in custody when he sought relief under section 745, he could only bring a claim through a petition for a writ of habeas corpus. “The trial court therefore lacked jurisdiction to…