Rubio v. Superior Court

Opinion

ALDRICH, J.

INTRODUCTION

Penal Code section 1054.9 1 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. Subdivision (d) of section 1054.9 provides that the “actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant.” Petitioner Gilbert Raul Rubio, who has been convicted of first degree…