Ainsworth

This appeal presents the question whether a trial court, after a judgment of conviction is final, has jurisdiction to rule on defendant’s motion for discovery. We shall hold the trial court was without jurisdiction to entertain the motion.

In January 1980, defendant was sentenced to death following his conviction of first degree murder with special circumstances. The Supreme Court affirmed the judgment. (People v. Ainsworth (1988) 45 Cal.3d 984 [ 248 Cal.Rptr. 568 , 755 P.2d 1017 ].) A petition for rehearing was denied on August 25, 1988, and the remittitur issued the same day.

On December 20, 1988, defendant filed in the trial court a “motion for post-judgment discovery.” The motion sought discovery of reports, documents, photographs, and other information regarding the autopsy all of which were in existence prior to trial and some of which related to forensic testing performed prior to trial. In a declaration in support of the motion, counsel stated, inter alia, “[i]t is necessary that the information and evidence described ... be promptly made available to [defendant’s] attorneys in order that they may ascertain all relevant facts and circumstances bearing on…