California Court of Appeal

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Rubio v. Super. Ct., 264635

In the context of Penal Code section 1054.9, which permits defendants sentenced to death or life in prison without the possibility of parole to obtain postconviction discovery of materials to which they would have been entitled at the time of trial, upon a showing that good faith efforts to obtain those materials from trial counsel have been unsuccessful, the scope of the phrase "actual costs of examination or copying" in section 1054.9(d) encompasses the following: 1) where the production of paper or electronic discovery is at issue, a defendant seeking postconviction discovery pursuant to section 1054.9 need not reimburse the agency providing the discovery for costs related to examination and preparation of documents for production; but 2) "actual costs" does include the labor cost of the employee who actually copies items or transfers them to electronic media, a proportional share of equipment costs, and the cost of the copies, such as the ink, paper, or compact disc.

Appellate Information

  • Decided
  • Published 2016/01/28




  • California Court of Appeal