In re J.S. CA1/5

BACKGROUND

A.

The Act proclaims the state “shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin.” (§ 745, subd. (a).) Section 745, subdivisions (a)(1) through (a)(4), delineate specific violations of the Act. As relevant here, a defendant who makes a prima facie showing of a violation is entitled to a hearing to prove by a preponderance of the evidence that (1) the charge, conviction, or sentence was more severe than for similarly situated defendants of other races; and (2) the prosecution more frequently sought more severe convictions or penalties against individuals of the defendant’s race than against other similarly situated individuals. (§ 745, subds. (a)(3), (a)(4)(A), (c).) Such proof establishes a violation of the Act unless the prosecution shows race-neutral reasons for the disparity. (§ 745, subd. (h)(1); Young, supra, 79 Cal.App.5th at p. 167.)

To this end, the Act permits defendants to seek relevant discovery. Under section 745, subdivision (d), “[a] defendant may file a motion requesting disclosure to the defense of all evidence relevant to a potential violation of subdivision (a)…