People v. Superior Court (Small) CA4/2

BACKGROUND

I. The conviction

Small is African American.1 In June 2007, a felony complaint was filed against

him in Riverside County. In March 2010, a jury convicted him of numerous sexual

offenses committed against his former girlfriend’s daughter, including one count of rape

of a child under age 14 (§ 269, subd. (a)(1)), one count of forcible lewd and lascivious

conduct against a minor under age 14 (§ 288, subd. (b)(1)), and a total of eight counts of

lewd and lascivious conduct against a child under age 14 or 16 (id., subds. (a), (c)(1)).

(People v. Small (June 30, 2011, E050735) [nonpub. opn.].) Small admitted that he

served one prior prison term under former section 667.5, subdivision (b). (People v.

Small, E050735.) In April 2010, the trial court sentenced Small to an aggregate term of

39 years four months in state prison, which included a one-year term for the prior prison

term enhancement. We affirmed the judgment in an unpublished opinion. (People v.

Small, E050735.)

Small’s motion does not contain any information identifying his race, so we take judicial notice of the record from Small’s direct appeal on our own motion. (Evid. Code, §§ 452, subd.…