A RJA claim under PC 745 (a)(3) and (a)(4)(A) must allege facts showing racial disparities tied to a qualifying offense—not merely enhancements. Petitioner filed a habeas writ alleging RJA violations under (a)(3) and (a)(4)(A), based on charging and sentencing related to his gang enhancements. For a claim under (a)(3), the petitioner must allege facts showing he was “charged or convicted of a more serious offense” than similarly situated individuals of other races, and under 745(a)(4)(A), petitioner must allege facts showing he received a longer sentence than “similarly situated individuals convicted of the same offense.” The gang enhancements are not qualifying “offenses” under these subdivisions and cannot alone support an RJA claim.
Case Summaries
