The Court of Appeal holds that appellant failed to make a prima facie showing under the RJA that the prosecution more frequently sought special-circumstance murder convictions against people who share appellant’s race or ethnicity than against members of another group “who have engaged in similar conduct and are similarly situated.” (PC 745.) The Court concludes appellant’s statistical report does not satisfy PC 745(a)(3)’s second criterion: it conflated the general population with the population that has engaged in similar conduct and is similarly situated and conflated the occurrences of a more serious charge with the frequency of that charging decision.

The full opinion is available on the court’s website at: https://www4.courts.ca.gov/opinions/documents/H049356A.PDF