This case presents the following issue: Must a petitioner allege a prima facie case for relief under the Racial Justice Act (Pen. Code, § 745; RJA) before the trial court can consider a discovery request for disclosure of evidence under the RJA (id., subd. (d))?

On November 25, 2025, the court directed the Attorney General to file supplemental briefing addressing the impact, if any, of Assembly Bill No. 1071 (20252026 Reg. Sess.) on the issues in this case. (See id., § 3 [adding Penal Code, § 1473, subd. (e)(2)].)

Held:

Review of the above-captioned matter is hereby dismissed without prejudice to any new motion under Penal Code, section 745, subdivision (d), that petitioner may file. (Cal. Rules of Court, rule 8.528(b)(1); Assembly Bill No. 1071 (2025-2026 Reg. Sess.) § 3, eff. January 1, 2026 [adding Penal Code 1473, subdivision (e)(2): “A petitioner, or their counsel, may file a motion for relevant evidence under subdivision (d) of Section 745 upon the prosecution of a petition under this subdivision, or in preparation to file a petition”].)

The case was dismissed on 12/30/25. Guerrero, C. J., Corrigan, Liu, Kruger, Groban and Evans, JJ, voted for this resolution. 

Review on this issue had also been granted with briefing deferred in:

First District

• People v. Elder (A169926) [nonpub. opn.] review granted 8/13/25 (S291805)

Third District

• People v. Serrano (2024) 106 Cal.App.5th 276, review granted 1/15/25 (S288202/C100856)

Sixth District

• People v. Garcia (H052768) [nonpub. opn.] review granted 7/16/25 (S291267)
• People v. Salcido (H051852) [nonpub. opn.] review granted 7/16/25 (S291374)