People v. Lashon
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Lashon was convicted of one count of second-degree murder and one count of first-degree murder, together with true findings of special circumstance allegations of multiple murders. She was sentenced to a term of life without the possibility of parole. On appeal, Lashon argued the judgment was the result of the trial judge’s implicit racial bias against her and her trial counsel in violation of the California Racial Justice Act (CRJA), Penal Code section 745.1, effective on January 1, 2021. She claimed that certain portions of the trial and sentencing proceedings constitute a prima facie showing for relief.
The court of appeal affirmed, concluding that Lashon forfeited her section 745 claim on direct appeal by not filing a section 745 motion in the trial court before judgment was entered. The court did not address her argument that she has alleged a prima facie showing for relief under section 745. The CRJA was effective four months before Lashon’s trial began and sets forth the procedure for seeking relief during various stages of a criminal proceeding.
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