Procunier

Petitioners Raymond K. Procunier, Director of the California Department of Corrections, William T. Stone, superintendent of the Correctional Training Facility at Soledad, and Evelle J. Younger, Attorney General of the State of California, seek mandamus to set aside portions of an order granting discovery issued by the Superior Court of Monterey County on July 5, 1973.

Real party defendants, Arturo Fidel Losoya and Robert Aguirre, inmates at the California Correctional Training Facility at Soledad, were charged by indictment with violating Penal Code section 187 (murder). In addition, defendant Aguirre was charged with violating Penal Code section 4500 (assault with a deadly weapon by a prisoner undergoing a life sentence), and defendant Losoya was charged with violating Penal Code section 4501 (assault with a deadly weapon by a prisoner undergoing a sentence less than life). Defendants filed joint motions for pretrial discovery, and after a hearing held on June 15, 1973, the court, in an order dated July 5, 1973, granted defendants’ motion for discovery as to 33 items. Petitioners contend that the court’s order granting Items 5, 24, 32 and 37 violated petitioners’…