Augustine

In this matter we are asked to determine whether the trial court may destroy trial exhibits under the authority of Penal Code section 1417.1, or whether, on demand of the defendant, the exhibits must be retained in custodia legis. In the circumstances of this case we find no error in the trial court’s refusal to retain the specified exhibits, and we deny the petition for writ of mandate.

Facts and Procedural Background

Petitioners are persons who have been convicted of felony criminal offenses in the County of Riverside. The county, through the court, has given notice of its intent to destroy exhibits which were introduced into evidence in the various criminal proceedings in which petitioners were involved. Petitioners, through the public defender, have objected. With a single exception (see infra), the trial court rejected petitioners’ request that the exhibits be maintained. The trial court did offer to release the exhibits to the public defender for storage in that official’s domain. However, the offer was refused, and petitioners sought relief from this court. This court originally denied the petition summarily for the reasons which we explain in this opinion.…