In re Huerta, 2026 Cal. App. Unpub. LEXIS 116 (Cal. App. Ct. 2026)

The Fifth District Court of Appeal held that gang enhancements may form the basis of a petition for habeas relief and appointment of counsel under the state’s Racial Justice Act. The court stated in relevant part:

“The present petition alleges racially disparate treatment, and it identifies the statutory subsections implicated as the basis for the RJA claims. Petitioner’s allegations—that he received a gang enhancement and a longer sentence because of alleged racial disparities in the charging and sentencing practices in Tulare County—meet the minimal pleading threshold because it shows a plausible violation. Accordingly, petitioner is entitled to the appointment of counsel and to further proceedings under the RJA.”