California Court of Appeal

Following his conviction for murder, defendant filed a petition under Penal Code section 1054.9 for the preservation of evidence pending automatic appeal. The trial court narrowly construed its authority and denied in part the motion. The 2nd Appellate District court vacated and remanded the decision stating that defendant is entitled to an order preserving discoverable materials of all crimes discussed during trial, but only material potentially discoverable under section 1054.9.

Appellate Information

• Published 2018/06/18

Judges

• Perluss

Court

• California Court of Appeal

Counsel