Suniga

INTRODUCTION

In 2007, appellant Alfred Suniga III was convicted of two counts of first degree murder, finding true the multiple-murder special circumstances and that he personally used and intentionally discharged a firearm, causing death. Suniga was sentenced to two consecutive terms of life in prison without the possibility of parole plus 25 years to life. On June 26, 2024, Suniga filed a postconviction discovery motion pursuant to 1 Penal Code section 1054.9 requesting discovery materials from the prosecution. The trial court denied Suniga’s motion. He filed a notice of appeal. On appeal, Suniga claims the court abused its discretion in denying his discovery request. To the extent the court’s denial is not an appealable order, Suniga requests this appeal be treated as a petition for writ of mandate. The People contend Suniga’s claim is procedurally barred because it was not raised in a petition for writ of mandate, but also argue his claim is without merit. We agree that Suniga’s challenge to the trial court’s denial of his motion for discovery under section 1054.9 should have been raised in a petition for writ of mandate, rather than appeal. In the interest of judicial…