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PEOPLE v. SUPERIOR COURT (MORALES)

No. S228642.

2 Cal.5th 523 (2017)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; JOHNNY MORALES, Real Party in Interest.

Supreme Court of California.

February 16, 2017.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Edward C. DuMont , State Solicitor General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Donald E. deNicola , Deputy State Solicitor General, Holy D. Wilkens and Michael T. Murphy , Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Michael J. Hersek and Mary K. McComb , State Public Defenders, Barry P. Helft , Chief Deputy State Public Defender, and C. Delaine Renard , Deputy State Public Defender, for Real Party in Interest.

OPINION

Here we address whether a superior court has jurisdiction to grant a motion to preserve evidence relating to a capital case then pending review on automatic appeal to this court. We conclude it does, limited to evidence potentially discoverable under Penal Code section 1054.9, which establishes a mechanism...

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