In this habeas petition filed under the Racial Justice Act, the Court of Appeal agreed with petitioner that “offense” as used in the RJA should be broadly construed to include the disparate charging and sentencing of enhancement allegations, including gang enhancements. The court agreed that an enhancement may form the basis of a petition for habeas relief alleging a violation of the RJA, and held that the current petition should be granted. The court remanded this matter to the superior court for further proceedings consistent with sections 745 and 1473, including the appointment of counsel to represent petitioner.
