People v. Lashon

Filed 9/1/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A163074 v. MENIQUE LASHON, (Contra Costa County Super. Ct. No. 51814102) Defendant and Appellant.

Defendant Menique Lashon appeals from a judgment following her conviction for one count of second-degree murder and one count of first- degree murder, together with true findings of special circumstance allegations of multiple murders. Lashon was sentenced to a term of life without the possibility of parole. On appeal, Lashon contends 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), codified at Penal Code section 745. 1 She avers the portions of the trial and sentencing proceedings cited in her opening brief constitute a prima facie showing for relief and asks us to remand the matter to the superior court for an evidentiary hearing. 2

1 All statutory references are to the Penal Code. 2 We do not set forth a detailed factual recitation of the trial and sentencing proceedings as it is not necessary to our disposition.

1

We conclude Lashon has forfeited her section 745 claim on direct appeal by not filing a section 745 motion in the trial court before judgment was entered and affirm the judgment. In light of our determination, we do not address her argument that she has alleged a prima facie showing for relief under section 745 and deny her request to remand the matter for an evidentiary hearing. CALIFORNIA RACIAL JUSTICE ACT The CRJA, as enacted in section 745, became effective on January 1, 2021. 3 (Stats. 2020, ch. 317, §§ 1, 3, 3.5.) This was over four months before the commencement of Lashon’s trial, and section 745 was made applicable to all cases then pending in the trial courts. 4 (Id., subd. (j).) Section 745 provides “[t]he state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin.” (Id., subd. (a).) Pertinent to our discussion, the following constitutes a violation of section 745: “[d]uring the defendant’s trial, in court and during the proceedings,” a trial judge “exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin, whether or not purposeful” (id., subd. (a)(2)). The CRJA sets forth the procedure for seeking relief during various stages of a criminal proceeding. “A defendant may file a motion in the trial court or, if judgment has been imposed, may file a petition for writ of habeas