Ochoa

The People appeal from the trial court’s order dismissing criminal charges against respondents, Richard Ochoa and Lester Harris, follow ing the People’s failure to comply with respondents’ discovery request regarding discriminatory law enforcement. We affirm the trial court’s order.

Ochoa and Harris, inmates at San Quentin Prison, were each charged with possessing a weapon as a prisoner. (Pen. Code, § 4502.) Both made motions to dismiss the charges alleging discriminatory enforcement of section 4502 against racial minorities by the Marin County District Attorney and San Quentin Prison. Ochoa is Chicano and Harris is black. They also filed discovery requests to bolster their evidence of discriminatory law enforcement.

Ochoa and Harris supported their motions to dismiss with two declarations. Frank Cox, chief deputy public defender of Marin County, stated that, as of June 30, 1979, 57.6 percent of the inmates at San Quentin were from racial minorities. Of those weapons cases referred to the public defender’s office from January 1982 to June 1983, 15 out of 21 defendants (71.4 percent) were minorities. Terry Zimmerman, deputy public defender, stated that the district…